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Case T-74/18: Judgment of the General Court of 13 June 2019 — Visi/one v EUIPO — EasyFix (Door hanger for vehicles) (Community design — Invalidity proceedings — Registered Community design representing a door hanger for vehicles — Earlier design — Proof of the disclosure — Article 7 of Regulation (EC) No 6/2002 — Ground for invalidity — Lack of individual character — Informed user — Degree of freedom of the designer — No different overall impression — Article 6 and Article 25(1)(b) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62018TA0074
62018TA0074
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Official Journal of the European Union
C 263/42
(Case T-74/18) (*)
(Community design - Invalidity proceedings - Registered Community design representing a door hanger for vehicles - Earlier design - Proof of the disclosure - Article 7 of Regulation (EC) No 6/2002 - Ground for invalidity - Lack of individual character - Informed user - Degree of freedom of the designer - No different overall impression - Article 6 and Article 25(1)(b) of Regulation No 6/2002)
(2019/C 263/47)
Language of the case: German
Parties
Applicant: Visi/one GmbH (Remscheid, Germany) (represented by: H. Bourree and M. Bartz, acting as Agents)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: EasyFix GmbH (Vienna, Austria)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 4 December 2017 (Case R 1424/2016-3) relating to invalidity proceedings between EasyFix and Visi/one.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Visi/one GmbH and the European Union Intellectual Property Office (EUIPO) to bear their own costs.
(*) Language of the case: German.
ECLI:EU:C:2019:140
(2019/C 263/47)