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Case T-684/20: Order of the General Court of 15 December 2021 — Legero Schuhfabrik v EUIPO — Rieker Schuh (Shoe) (Community design — Invalidity proceedings — Registered Community design representing a shoe — Earlier national and Community designs produced after the filing of the application for a declaration of invalidity — Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 — Grounds for invalidity — Lack of novelty — No individual character — Degree of freedom of the designer — No different overall impression — Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62020TB0684
62020TB0684
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7.3.2022
Official Journal of the European Union
C 109/23
(Case T-684/20) (*)
(Community design - Invalidity proceedings - Registered Community design representing a shoe - Earlier national and Community designs produced after the filing of the application for a declaration of invalidity - Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 - Grounds for invalidity - Lack of novelty - No individual character - Degree of freedom of the designer - No different overall impression - Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Action manifestly lacking any foundation in law)
(2022/C 109/31)
Language of the case: German
Parties
Applicant: Legero Schuhfabrik GmbH (Feldkirchen bei Graz, Austria) (represented by: M. Gail, 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, intervener before the General Court: Rieker Schuh AG (Thayngen, Switzerland) (represented by: A. Schabenberger, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 10 September 2020 (Case R 1649/2019-3), relating to invalidity proceedings between Legero Schuhfabrik and Rieker Schuh.
Operative part of the order
1.The action is dismissed.
2.Legero Schuhfabrik GmbH shall pay the costs.
(*)
Language of the case: German.
* * *
(1) OJ C 19, 18.1.2021.