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Joined cases T-566/11 and T-567/11: Judgment of the General Court of 23 October 2013 — Viejo Valle v OHIM Établissements Coquet (Cup and saucer with grooves and soup dish with grooves) (Community design — Invalidity proceedings — Registered Community design representing a cup and saucer with grooves and a soup dish with grooves — Ground for invalidity — Unauthorised use of a work protected under the copyright law of a Member State — Article 25(1)(f) of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62011TA0566
62011TA0566
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Official Journal of the European Union
C 359/8
(Joined cases T-566/11 and T-567/11) (<span class="super">1</span>)
(Community design - Invalidity proceedings - Registered Community design representing a cup and saucer with grooves and a soup dish with grooves - Ground for invalidity - Unauthorised use of a work protected under the copyright law of a Member State - Article 25(1)(f) of Regulation (EC) No 6/2002)
2013/C 359/13
Language of the case: Spanish
Parties
Applicant: Viejo Valle, SA (L’Olleria, Spain) (represented by: I. Temiño Ceniceros, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Établissements Coquet (Saint-Léonard-de-Noblat, France) (represented by: C. Bouchenard, lawyer)
Re:
Actions brought against the decisions of the Third Board of Appeal of OHIM of 29 July 2011 (Cases R 1054/2010-3 and R 1055/2010-3), relating to opposition proceedings between Établissements Coquet and Viejo Valle, SA
Operative part of the judgment
The Court:
1.Joins Cases T-566/11 and T-567/11 for the purposes of the judgment;
2.Dismisses the actions;
3.Orders Viejo Valle, SA to bear its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of Établissements Coquet.
(<span class="super">1</span>) OJ C 32, 4.2.2012.