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Case T-15/13: Judgment of the General Court of 13 May 2015 — Group Nivelles v OHIM — Easy Sanitary Solutions (Shower drain conduit) (Community design — Invalidity proceedings — Registered design representing a shower drain conduit — Earlier design — Grounds for invalidity — Novelty — Individual character — Visible characteristic of the earlier design — Goods at issue — Articles 4 to 7, 19 and 25(1)(b) of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62013TA0015
62013TA0015
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29.6.2015
Official Journal of the European Union
C 213/30
(Case T-15/13) (<span class="super">1</span>)
((Community design - Invalidity proceedings - Registered design representing a shower drain conduit - Earlier design - Grounds for invalidity - Novelty - Individual character - Visible characteristic of the earlier design - Goods at issue - Articles 4 to 7, 19 and 25(1)(b) of Regulation (EC) No 6/2002))
(2015/C 213/51)
Language of the case: Dutch
Parties
Applicant: Group Nivelles (Gingelom, Belgium) (represented by: H. Jonkhout, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Bonne and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Easy Sanitary Solutions BV (Losser, Netherlands) (represented by: F. Eijsvogels, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 4 October 2012 (Case R 2004/2010-3) concerning invalidity proceedings between I-drain BVBA and Easy Sanitary Solutions BV.
Operative part of the judgment
The Court:
1.Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 October 2012 (Case R 2004/2010-3);
2.Dismisses the remainder of the action;
3.Orders OHIM to bear its own costs and to pay those incurred by Group Nivelles and Easy Sanitary Solutions BV.
Language of the case: Dutch
* * *
(<span class="super">1</span>) OJ C 108, 13.4.2013.