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Case T-43/18: Judgment of the General Court of 6 June 2019 — Rietze v EUIPO — Volkswagen (VW Bus T 5 vehicle) (Community designs — Invalidity proceedings — Registered Community design representing the VW Bus T 5 vehicle — Earlier Community design — Ground for invalidity — Individual character — Informed user — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62018TA0043
62018TA0043
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Valentina R., lawyer
29.7.2019
Official Journal of the European Union
C 255/35
(Case T-43/18) (*)
(Community designs - Invalidity proceedings - Registered Community design representing the VW Bus T 5 vehicle - Earlier Community design - Ground for invalidity - Individual character - Informed user - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
(2019/C 255/45)
Language of the case: German
Parties
Applicant: Rietze GmbH & Co. KG (Altdorf, Germany) (represented by: M. Krogmann, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Volkswagen AG (Wolfsburg, Germany) (represented by: C. Klawitter, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 21 November 2017 (Case R 1204/2016-3) relating to invalidity proceedings between Rietze and Volkswagen.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Rietze GmbH & Co. KG to pay the costs.
(*)
Language of the case: German.
* * *