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Case T-666/11: Judgment of the General Court of 7 November 2013 — Budziewska v OHIM — Puma (Bounding feline) (Community design — Invalidity proceedings — Registered Community design representing a bounding feline — Earlier designs — Ground for invalidity — Lack of individual character — Informed user — Degree of freedom of the designer — Overall impression not different — Article 6 and Article 25(1)(b) of regulation (EC) No 6/2002)

ECLI:EU:UNKNOWN:62011TA0666

62011TA0666

November 7, 2013
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21.12.2013

Official Journal of the European Union

C 377/13

(Case T-666/11) (<span class="super">1</span>)

(Community design - Invalidity proceedings - Registered Community design representing a bounding feline - Earlier designs - Ground for invalidity - Lack of individual character - Informed user - Degree of freedom of the designer - Overall impression not different - Article 6 and Article 25(1)(b) of regulation (EC) No 6/2002)

2013/C 377/29

Language of the case: Polish

Parties

Applicant: Danuta Budziewska (Łódź, Poland) (represented by: J. Masłowski, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Puma SE (Herzogenaurach, Germany) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 23 September 2011 (Case R 1137/2010-3) relating to invalidity proceedings between Puma AG Rudolf Dassler Sport and Danuta Budziewska.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Danuta Budziewska to pay the costs.

(<span class="super">1</span>) OJ C 109, 14.4.2012.

* * *

Language of the case: Polish.

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