CELEX: 62019TA0515
Language: en
Date: 2021-03-24 00:00:00
Title: Case T-515/19: Judgment of the General Court of 24 March 2021 — Lego v EUIPO — Delta Sport Handelskontor (Building block from a toy building set) (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)

7.6.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/39
            
         
      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)
      
      (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:
      
                  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);
               
            
                  2.
               
               
                  Dismisses the action as to the remainder;
               
            
                  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.
               
            
         (1)  OJ C 305, 9.9.2019.