Source: EURLEX
Language: en
Format: md

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| 10.12.2011 | EN | Official Journal of the European Union | C 362/9 |

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Judgment of the Court (Fourth Chamber) of 20 October 2011 — PepsiCo, Inc., v Grupo Promer Mon Graphic SA, Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-281/10 P)[(1)](#ntr1-C_2011362EN.01000901-E0001)

(Appeal - Regulation (EC) No 6/2002 - Articles 5, 6, 10 and 25(1)(d) - Community design - Registered Community design representing a circular promotional item - Prior Community design - Different overall impression - Degree of freedom of the designer - Informed user - Scope of review by the Courts - Distortion of the facts)

2011/C 362/12

Language of the case: English

Parties

Appellant: PepsiCo, Inc., (represented by: E. Armijo Chávarri, abogado, and V. von Bomhard, Rechtsanwältin)

Other parties to the proceedings: Grupo Promer Mon Graphic SA (represented by: R. Almaraz Palmero, abogada), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 18 March 2010 in Case T-9/07 Grupo Promer Mon Graphic v OHIM — Pepsico, by which that Court upheld an action brought by the proprietor of Community design No 53186 1 against decision R 1001/2005-3 of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 27 October 2006, annulling the decision of the Invalidity Division which declared design No 74463 1 (‘promotional item[s] for games’) invalid

Operative part of the judgment

The Court:

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| 1. | Dismisses the appeal; |

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| 2. | Orders PepsiCo Inc. to pay the costs. |

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