Order — ECLI:EU:C:2018:47
Date: 2018-01-30
Language of the case: English
Court formation: Ninth Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Ireland

Order of the Court (Ninth Chamber) of 30 January 2018 — Murphy v EUIPO (Case C‑538/17 P) (Appeal — Article 181 of the Rules of Procedure of the Court — Community design — Invalidity proceedings — Community Design No 002-159-640-0002 (electronic wristband) — Rejection of the application for a declaration of invalidity) 1. Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Criteria for assessment — Earlier design constituting a significant advancement in technology — Irrelevant (Council Regulation No 6/2002, Arts 4, 6 and 25(1)(d)) (see para. 5) 2. Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Representation of an electronic wristband (Council Regulation No 6/2002, Arts 4, 6 and 25(1)(d)) (see para. 5) 3. Appeal — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 5) Operative part 1. The appeal is dismissed. 2. Mr Thomas Murphy shall bear his own costs.