Source: EURLEX
Language: en
Format: md

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| 7.6.2021 | EN | Official Journal of the European Union | C 217/39 |

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Judgment of the General Court of 24 March 2021 — Lego v EUIPO — Delta Sport Handelskontor (Building block from a toy building set)

(Case T-515/19) [(1)](#ntr1-C_2021217EN.01003901-E0001)

(Community design - Invalidity proceedings - Registered community design representing a building block from a toy building set - Ground for invalidity - Non-compliance with requirements for protection - Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product solely dictated by its technical function - Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products - Designs whose purpose is to allow multiple assembly or connection of mutually interchangeable products within a modular system - Article 8(1) to (3) of Regulation No 6/2002)

(2021/C 217/50)

Language of the case: English

Parties

Applicant: Lego A/S (Billund, Denmark) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Delta Sport Handelskontor GmbH (Hamburg, Germany) (represented by: C. Klawitter and L. E. Appel, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 10 April 2019 (Case R 31/2018-3) relating to invalidity proceedings between Delta Sport Handelskontor and Lego.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 April 2019 (Case R 31/2018-3); |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders EUIPO and Delta Sport Handelskontor GmbH to bear their own costs and each to pay half of the costs incurred by Lego A/S. |

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