Jopp - Pol Eksport - Import Ryszard Jopp - Krzysztof Jopp v EUIPO - SmarTT (Pieds de meubles) (Community design - Invalidity proceedings - Judgment) French Text [2024] EUECJ T-554/23 (09 October 2024)

Jopp - Pol Eksport - Import Ryszard Jopp - Krzysztof Jopp v EUIPO - SmarTT (Pieds de meubles) (Community design - Invalidity proceedings - Judgment) French Text [2024] EUECJ T-554/23 (09 October 2024)

The General Court held that the Board of Appeal correctly found the contested Community design lacked individual character because the overall impression produced on the informed user was not sufficiently different from the prior design disclosed in earlier catalogues. The differences identified were secondary and...

Source-derived case information.

Citation
[2024] EUECJ T-554/23
Parties
Applicant: Przedsiębiorstwo produkcyjno – usługowo – handlowe Jopp – Pol Eksport – Import Ryszard Jopp – Krzysztof Jopp sp.j.; Defendant: European Union Intellectual Property Office (EUIPO); Other Party Before Board of Appeal: SmarTT sp. z o.o.
Jurisdiction
European Union
Procedural Posture
Community Design Invalidity Proceedings / Judgment on Appeal From Board of Appeal Decision
Outcome
Appeal dismissed; Board of Appeal decision upheld.
Legal Topics
Community Design, Invalidity, Individual Character, Novelty, Informed User, Procedural Law
Intellectual Property European Union Law Community Design Invalidity Individual Character Novelty Informed User Procedural Law

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Parties

Przedsiębiorstwo produkcyjno – usługowo – handlowe Jopp – Pol Eksport – Import Ryszard Jopp – Krzysztof Jopp sp.j.

Applicant

European Union Intellectual Property Office (EUIPO)

Defendant

SmarTT sp. z o.o.

Other Party Before Board of Appeal

Procedural Posture

Community Design Invalidity Proceedings / Judgment on Appeal From Board of Appeal Decision

  1. 1 Whether the contested Community design lacks individual character under Article 6 of Regulation No 6/2002
  2. 2 Whether the Board of Appeal erred in its assessment of the informed user and overall impression
  3. 3 Whether procedural and evidentiary requirements were met under Regulation No 6/2002

Ratio Decidendi

The General Court held that the Board of Appeal correctly found the contested Community design lacked individual character because the overall impression produced on the informed user was not sufficiently different from the prior design disclosed in earlier catalogues. The differences identified were secondary and did not alter the overall impression. The Board of Appeal properly defined the informed user, assessed the evidence, and complied with procedural requirements. All grounds of appeal were rejected as unfounded or inadmissible.

Court Disposition

Appeal dismissed; Board of Appeal decision upheld.

Orders

  • The action is dismissed in its entirety.
  • The applicant is ordered to pay the costs.