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Case T-1158/23: Judgment of the General Court of 12 March 2025 – deluxe holding v EUIPO – Piffany Copenhagen (Electric candles) (Community design – Invalidity proceedings – Registered Community design representing electric candles – Ground for invalidity – Lack of individual character – Degree of freedom of the designer – No different overall impression – Articles 4 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Rights of the defence – Scope of the examination carried out by the Board of Appeal)
ECLI:EU:UNKNOWN:62023TA1158
62023TA1158
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Official Journal of the European Union
C series
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C/2025/2381
28.4.2025
(Case T-1158/23)
(Community design - Invalidity proceedings - Registered Community design representing electric candles - Ground for invalidity - Lack of individual character - Degree of freedom of the designer - No different overall impression - Articles 4 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Rights of the defence - Scope of the examination carried out by the Board of Appeal)
(C/2025/2381)
Language of the case: English
Parties
Applicant: deluxe holding ApS (Kolding, Denmark) (represented by: J. Løje, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Piffany Copenhagen ApS (Helsinge, Denmark) (represented by: J. Petersen, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 October 2023 (Case R 810/2022-3).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders deluxe holding ApS to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and Piffany Copenhagen ApS.
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(1) OJ C C/2024/1108, 5.2.2024.
ELI: http://data.europa.eu/eli/C/2025/2381/oj
ISSN 1977-091X (electronic edition)
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