Judgment — ECLI:EU:T:2017:674
Date: 2017-09-28
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Fifth Chamber) of 28 September 2017 — Rühland v EUIPO — 8 seasons design (Lamp in the form of a star) (Case T‑779/16) (Community design — Invalidity proceedings — Registered Community design representing a lamp in the form of a star — Earlier Community design — Ground of invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002) 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 — Global assessment of all the elements of the prior design (Council Regulation No 6/2002, Arts 6(1)(b), and 25(1)(b)) (see paras 16, 17, 47, 48) 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 — Informed user — Concept (Council Regulation No 6/2002, Arts 6(1)(b), and 25(1)(b)) (see paras 19, 20, 53) 3. 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 a lamp in the form of a star (Council Regulation No 6/2002, Arts 6(1)(b), and 25(1)(b)) (see paras 22, 25, 38, 44) 4. 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 — Creative licence (Council Regulation No 6/2002, Arts 6(2), and 25(1)(b)) (see paras 23, 24) Re: ACTION brought against the decision of the Third Board of Appeal of EUIPO of 8 July 2016 (Case R 878/2015-3) concerning invalidity proceedings between 8 seasons design and Mr Rühland. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Lothar Rühland to pay the costs.