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Case T-68/11: Judgment of the General Court of 6 June 2013 — Kastenholz v OHIM — Qwatchme (Watch dials) (Community design — Invalidity proceedings — Community design representing watch dials — Earlier unregistered designs — Ground for invalidity — Novelty — Articles 4, 5 and 25(1)(b) of Regulation (EC) No 6/2002 — Individual character — Different overall impression — Articles 4, 6 and 25(1)(b) of Regulation No 6/2002 — Earlier copyright — Article 25(1)(f) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62011TA0068
62011TA0068
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Official Journal of the European Union
C 225/66
(Case T-68/11)(<span class="super">1</span>)
(Community design - Invalidity proceedings - Community design representing watch dials - Earlier unregistered designs - Ground for invalidity - Novelty - Articles 4, 5 and 25(1)(b) of Regulation (EC) No 6/2002 - Individual character - Different overall impression - Articles 4, 6 and 25(1)(b) of Regulation No 6/2002 - Earlier copyright - Article 25(1)(f) of Regulation No 6/2002)
2013/C 225/146
Language of the case: German
Parties
Applicant: Erich Kastenholz (Troisdorf, Germany) (represented by: L. Acker, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Hanne, and subsequently by D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Qwatchme A/S (Løsning, Denmark) (represented by: M. Zöbisch, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 2 November 2010 (Case R 1086/2009-3) concerning invalidity proceedings between Erich Kastenholz and Qwatchme A/S.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Mr Erich Kastenholz to pay the costs.
(<span class="super">1</span>) OJ C 113, 9.4.2011.