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Case T-192/18: Judgment of the General Court of 6 June 2019 — Rietze v EUIPO — Volkswagen (Motor vehicle VW Caddy) (Community design — Invalidity proceedings — International registration designating the European Union — Registered Community design representing the motor vehicle VW Caddy — Earlier Community design — Ground for invalidity — Individual character — Informed user — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Burden of proof on the applicant for a declaration of invalidity — Requirements relating to the reproduction of an earlier design)
ECLI:EU:UNKNOWN:62018TA0192
62018TA0192
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29.7.2019
Official Journal of the European Union
C 255/37
(Case T-192/18) (*)
(Community design - Invalidity proceedings - International registration designating the European Union - Registered Community design representing the motor vehicle VW Caddy - Earlier Community design - Ground for invalidity - Individual character - Informed user - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Burden of proof on the applicant for a declaration of invalidity - Requirements relating to the reproduction of an earlier design)
(2019/C 255/47)
Language of the case: German
Parties
Applicant: Rietze GmbH & Co. KG (Altdorf, Germany) (represented by: M. Krogmann, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO) (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Volkswagen AG (Wolfsburg, Germany) (represented by: C. Klawitter, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 11 January 2018 (Case R 1244/2016-3) relating to invalidity proceedings between Rietze and Volkswagen.
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders Rietze GmbH & Co. KG to pay the costs.
(*) Language of the case: German.
(1) OJ C 161, 7.5.2018.
* * *