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Case T-380/20: Judgment of the General Court of 15 June 2022 — Tubes Radiatori v EUIPO — Antrax It (Radiator) (Community design — Invalidity proceedings — Community design representing a radiator — Earlier designs — Grounds for invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Freedom of the designer — No scope for innovation — Overall impression)
ECLI:EU:UNKNOWN:62020TA0380
62020TA0380
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Official Journal of the European Union
C 294/24
(Case T-380/20) (*)
(Community design - Invalidity proceedings - Community design representing a radiator - Earlier designs - Grounds for invalidity - No individual character - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Freedom of the designer - No scope for innovation - Overall impression)
(2022/C 294/33)
Language of the case: Italian
Parties
Applicant: Tubes Radiatori Srl (Resana, Italy) (represented by: S. Verea, K. Muraro, M. Balestriero and P. Menapace, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Antrax It Srl (Resana) (represented by: L. Gazzola and G. Lugato, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 25 March 2020 (Case R 1275/2017-3), relating to invalidity proceedings between Antrax It and Tubes Radiatori.
Operative part of the judgment
The General Court:
1.Dismisses the action;
2.Orders Tubes Radiatori Srl to pay the costs.
(*)
Language of the case: Italian
ECLI:EU:C:2022:140