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Case T-517/18: Order of the General Court of 10 May 2019 — Zott v EUIPO — TSC Food Products (Ready-to-eat rectangular cake) (Community design — Invalidity proceedings — Community design representing a ready-to-eat rectangular cake — Earlier Community design — Ground for invalidity — No individual character — No different overall impression — Designer’s degree of freedom — Informed user — Article 4(1), Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62018TB0517
62018TB0517
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Official Journal of the European Union
C 230/52
(Case T-517/18) (*)
(Community design - Invalidity proceedings - Community design representing a ready-to-eat rectangular cake - Earlier Community design - Ground for invalidity - No individual character - No different overall impression - Designer’s degree of freedom - Informed user - Article 4(1), Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002 - Action manifestly lacking any foundation in law)
(2019/C 230/65)
Language of the case: German
Parties
Applicant: Zott SE & Co. KG (Mertingen, Germany) (represented by: E. Schalast, R. Lange and C. Böhler, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: TSC Food Products GmbH (Wels, Austria) (represented by: M. Gaderer, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 27 June 2018 (Case R 1341/2017-3), relating to invalidity proceedings between TSC Food Products and Zott.
Operative part of the order
1.The action is dismissed.
2.Zott SE & Co. KG is ordered to pay the costs.
(*) Language of the case: German.
OJ C 373, 15.10.2018.