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Case T-326/20: Judgment of the General Court of 21 April 2021 — Bibita Group v EUIPO — Benkomers (Beverage bottles) (Community design — Invalidity proceedings — Registered Community design representing a beverage bottle — Prior international design — Ground for invalidity — Conflict with a prior design — Individual character — Informed user — Degree of freedom of the designer — Different overall impression — Article 6 and Article 25(1)(d)(iii) of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62020TA0326
62020TA0326
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Official Journal of the European Union
C 242/40
(Case T-326/20)
(Community design - Invalidity proceedings - Registered Community design representing a beverage bottle - Prior international design - Ground for invalidity - Conflict with a prior design - Individual character - Informed user - Degree of freedom of the designer - Different overall impression - Article 6 and Article 25(1)(d)(iii) of Regulation (EC) No 6/2002)
(2021/C 242/55)
Language of the case: English
Parties
Applicant: Bibita Group (Tirana, Albania) (represented by: C. Seyfert, lawyer)
Defendant: European Union Intellectual Property Office (represented by: G. Sakalaitė-Orlovskienė and J. Crespo Carrillo, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Benkomers OOD (Sofia, Bulgaria)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 27 April 2020 (Case R 1070/2018 3), relating to invalidity proceedings between Bibita Group and Benkomers.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Bibita Group to pay the costs.
OJ C 247, 27.7.2020.