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Case T-22/13 and T-23/13: Judgment of the General Court of 21 May 2015 — Senz Technologies BV v OHIM — Impliva (Umbrellas) (Community design — Invalidity proceedings — Registered Community design representing umbrellas — Grounds for invalidity — Disclosure of earlier design — American patent as earlier design — Circles specialised in the sector concerned — Informed user — Degree of attention of an informed user — Fashion accessories — Degree of freedom of the designer — Individual character — Different overall impression — Invalidity proceedings)
ECLI:EU:UNKNOWN:62013TA0022
62013TA0022
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6.7.2015
Official Journal of the European Union
C 221/8
(Case T-22/13 and T-23/13) (<span class="super">1</span>)
((Community design - Invalidity proceedings - Registered Community design representing umbrellas - Grounds for invalidity - Disclosure of earlier design - American patent as earlier design - Circles specialised in the sector concerned - Informed user - Degree of attention of an informed user - Fashion accessories - Degree of freedom of the designer - Individual character - Different overall impression - Invalidity proceedings))
(2015/C 221/10)
Language of the case: English
Parties
Applicant: Senz Technologies BV (Delft (Netherlands)) (represented initially by: W. Hoyng and C. Zeri, and subsequently by W. Hoyng and I. de Bruijn, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: F. Mattina, and subsequently by A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Impliva BV (Mijdrecht (Netherlands)) (represented by: C. Gielen and A. Verschuur, lawyers)
Re:
Actions brought against two decisions of the Third Board of Appeal of OHIM of 26 September 2012 (Cases R 2453/2010-3 and R 2459/2010-3), in relation to invalidity proceedings between Impliva BV and Senz Technologies BV.
Operative part of the judgment
The Court:
1.Annuls the decisions of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2012 (Cases R 2453/2010-3 and R 2459/2010-3);
2.Orders Impliva BV to bear its own costs and to pay one third of the costs of Senz Technologies BV;
3.Orders Senz Technologies to bear two thirds of its own costs;
4.Orders OHIM to bear its own costs.
(<span class="super">1</span>) OJ C 101, 6.4.2013.