Source: EURLEX
Language: en
Format: md

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| 9.12.2019 | EN | Official Journal of the European Union | C 413/47 |

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Judgment of the General Court of 24 September 2019 — Piaggio & C. v EUIPO — Zhejiang Zhongneng Industry Group (Mopeds)

(Case T-219/18) [(1)](#ntr1-C_2019413EN.01004702-E0001)

(Community design - Invalidity proceedings - Registered Community design representing a moped - Earlier Community design - Ground for invalidity - Individual character - Different overall impression - Informed user - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Interpretation consistent with Article 6 of Regulation No 6/2002 - No use of an earlier three-dimensional national trademark not registered in the registered design - Article 25(1)(e) of Regulation No 6/2002 - No unauthorised use of a work protected by the copyright law of a Member State in the registered design - Article 25(1)(f) of Regulation No 6/2002)

(2019/C 413/56)

Language of the case: Italian

Parties

Applicant: Piaggio & C. SpA (Pontedera, Italy) (represented by: F. Jacobacci, B. La Tella and B. Lucchetti, lawyers)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Zhejiang Zhongneng Industry Group Co. Ltd (Taizhou City, China) (represented by: M. Spolidoro, M. Gurrado, S. Verea and M. Balestriero, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 19 January 2018 (Case R 1496/2015-3), in relation to cancellation proceedings between Piaggio & C. and Zhejiang Zhongneng Industry Group.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Piaggio & C. SpA to pay the costs |

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