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Case T-193/20: Judgment of the General Court of 10 November 2021 — Eternit v EUIPO — Eternit Österreich (Building panel) (Community design — Invalidity proceedings — Registered community design representing a building panel — Earlier design representing a panel for a noise-reduction wall — Ground for invalidity — No individual character — Sector concerned — Informed user — Degree of freedom of the designer — No different overall impression — Relevance of goods actually marketed — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62020TA0193
62020TA0193
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17.1.2022
Official Journal of the European Union
C 24/27
(Case T-193/20) (*)
(Community design - Invalidity proceedings - Registered community design representing a building panel - Earlier design representing a panel for a noise-reduction wall - Ground for invalidity - No individual character - Sector concerned - Informed user - Degree of freedom of the designer - No different overall impression - Relevance of goods actually marketed - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
(2022/C 24/34)
Language of the case: English
Parties
Applicant: Eternit (Kapelle-op-den-Bos, Belgium) (represented by: J. Muyldermans and P. Maeyaert, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Eternit Österreich GmbH (Vöcklabruck, Austria) (represented by: M. Prohaska-Marchried, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 5 February 2020 (Case R 1661/2018-3), relating to invalidity proceedings between Eternit Österreich and Eternit.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Eternit to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Eternit Österreich GmbH.
(*)
Language of the case: English.
ECLI:EU:C:2022:140
* * *
(*) Language of the case: English.