Rietze v EUIPO - Volkswagen (Vehicule VW Caddy Maxi) (Judgment) French Text [2019] EUECJ T-191/18 (06 June 2019)

Rietze v EUIPO - Volkswagen (Vehicule VW Caddy Maxi) (Judgment) French Text [2019] EUECJ T-191/18 (06 June 2019)

The General Court held that the Board of Appeal did not err in finding that the contested design produced a different overall impression on the informed user compared to the prior design, that the differences were sufficiently marked, and that the Board of Appeal was entitled to exclude certain evidence as...

Source-derived case information.

Citation
[2019] EUECJ T-191/18
Parties
Applicant: Rietze GmbH & Co. KG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Volkswagen AG
Jurisdiction
European Union
Procedural Posture
Action for Annulment of EUIPO Board of Appeal Decision / Final Judgment at General Court (eighth Chamber)
Outcome
application dismissed
Legal Topics
Community Design, Nullity Proceedings, Individual Character, Burden of Proof, Assessment of Evidence
Intellectual Property Design Law EU Law Community Design Nullity Proceedings Individual Character Burden of Proof Assessment of Evidence

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Summary, issues, holding and outcome

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Parties

Rietze GmbH & Co. KG

Applicant

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

Respondent

Volkswagen AG

Intervener

Procedural Posture

Action for Annulment of EUIPO Board of Appeal Decision / Final Judgment at General Court (eighth Chamber)

  1. 1 Whether the contested Community design (VW Caddy Maxi) lacks individual character under Article 6 of Regulation No 6/2002
  2. 2 Whether the Board of Appeal erred in its assessment of the impression produced on the informed user
  3. 3 Whether the Board of Appeal failed to properly consider evidence and arguments regarding the degree of freedom of the designer and the relevance of technical features

Ratio Decidendi

The General Court held that the Board of Appeal did not err in finding that the contested design produced a different overall impression on the informed user compared to the prior design, that the differences were sufficiently marked, and that the Board of Appeal was entitled to exclude certain evidence as unreliable or irrelevant. The applicant failed to substantiate its claims or demonstrate errors in the Board's assessment.

Court Disposition

application dismissed

Orders

  • The action is dismissed.
  • Rietze GmbH & Co. KG is ordered to pay the costs.