Lidl Digital International v EUIPO - Ningbo Hanyuan Lighting (Luminaire) (Community design - Judgment) French Text [2024] EUECJ T-471/23 (20 November 2024)

Lidl Digital International v EUIPO - Ningbo Hanyuan Lighting (Luminaire) (Community design - Judgment) French Text [2024] EUECJ T-471/23 (20 November 2024)

The applicant failed to provide concrete and objective evidence that the catalogue containing the prior designs D1 and D2 was published and accessible before the priority date of the contested design. The extracts and website captures did not establish with sufficient certainty that the relevant images were included...

Source-derived case information.

Citation
[2024] EUECJ T-471/23
Parties
Applicant: Lidl Digital International GmbH & Co. KG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Ningbo Hanyuan Lighting Co. Ltd
Jurisdiction
European Union
Procedural Posture
Action for Annulment / Final Judgment
Outcome
recourse rejected
Legal Topics
Community Design, Nullity Proceedings, Evidence of Disclosure, Novelty and Individual Character, Burden of Proof
Intellectual Property Law European Union Law Community Design Nullity Proceedings Evidence of Disclosure Novelty and Individual Character Burden of Proof

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Parties

Lidl Digital International GmbH & Co. KG

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Ningbo Hanyuan Lighting Co. Ltd

Intervener

Procedural Posture

Action for Annulment / Final Judgment

  1. 1 Whether the applicant proved disclosure of prior designs D1 and D2 before the priority date of the contested design under Article 7(1) of Regulation No 6/2002.
  2. 2 Whether the evidence submitted (catalogue extracts, website captures) was sufficient and admissible to establish such disclosure.

Ratio Decidendi

The applicant failed to provide concrete and objective evidence that the catalogue containing the prior designs D1 and D2 was published and accessible before the priority date of the contested design. The extracts and website captures did not establish with sufficient certainty that the relevant images were included in the catalogue or that the catalogue was publicly available before the relevant date. Therefore, the Board of Appeal did not err in rejecting the nullity request.

Court Disposition

recourse rejected

Orders

  • The action is dismissed.
  • Lidl Digital International GmbH & Co. KG is ordered to pay the costs.