Wessel-Werk v EUIPO - Wolf PVG (semelles de suceur d'aspirateur) (Judgment) French Text [2017] EUECJ T-175/16 (14 March 2017)

Wessel-Werk v EUIPO - Wolf PVG (semelles de suceur d'aspirateur) (Judgment) French Text [2017] EUECJ T-175/16 (14 March 2017)

The Tribunal held that the Board of Appeal correctly identified the 'informed user' as the end user of the vacuum cleaner, properly assessed the overall impression produced by the designs in conflict, and found that the minor differences in length and color of the 'attrape-fils' were insufficient to confer...

Source-derived case information.

Citation
[2017] EUECJ T-175/16
Parties
Applicant: Wessel-Werk GmbH; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Wolf PVG GmbH & Co. KG
Jurisdiction
European Union
Procedural Posture
Action for Annulment of EUIPO Board of Appeal Decision / Judgment on Merits
Outcome
action dismissed
Legal Topics
Community Design, Nullity Proceedings, Individual Character, User Perception, Procedural Rights
Intellectual Property Law EU Law Community Design Nullity Proceedings Individual Character User Perception Procedural Rights

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Summary, issues, holding and outcome

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Parties

Wessel-Werk GmbH

Applicant

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

Respondent

Wolf PVG GmbH & Co. KG

Intervener

Procedural Posture

Action for Annulment of EUIPO Board of Appeal Decision / Judgment on Merits

  1. 1 Whether the contested Community design possesses individual character under Article 6 of Regulation No 6/2002
  2. 2 Whether the Board of Appeal erred in its interpretation of the 'informed user' and the overall impression produced by the designs in conflict
  3. 3 Whether procedural rights under Articles 62 and 63 of Regulation No 6/2002 were violated

Ratio Decidendi

The Tribunal held that the Board of Appeal correctly identified the 'informed user' as the end user of the vacuum cleaner, properly assessed the overall impression produced by the designs in conflict, and found that the minor differences in length and color of the 'attrape-fils' were insufficient to confer individual character. The Tribunal also found no violation of procedural rights or the right to be heard. Therefore, the action was dismissed in its entirety.

Court Disposition

action dismissed

Orders

  • The action is dismissed.
  • Wessel-Werk GmbH is ordered to pay the costs.