CELEX: 62010TA0080
Language: en
Date: 2013-04-25 00:00:00
Title: Case T-80/10: Judgment of the General Court of 25 April 2013 — Bell & Ross v OHIM — KIN (Wristwatch case) (Community design — Invalidity proceedings — Registered Community design or model representing a wristwatch case — Earlier design — Ground for invalidity — Lack of individual character — Overall impression not different — Informed user — Degree of freedom of the designer — Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Related to a counterclaim for a declaration of invalidity — Community design court — Article 91 of Regulation No 6/2002)

15.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/26
            
         Judgment of the General Court of 25 April 2013 — Bell & Ross v OHIM — KIN (Wristwatch case)
   (Case T-80/10) (1)
   
   (Community design - Invalidity proceedings - Registered Community design or model representing a wristwatch case - Earlier design - Ground for invalidity - Lack of individual character - Overall impression not different - Informed user - Degree of freedom of the designer - Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Related to a counterclaim for a declaration of invalidity - Community design court - Article 91 of Regulation No 6/2002)
   2013/C 171/49
   Language of the case: French
   
      Parties
   
   
      Applicant: Bell & Ross BV (Zoetermeer, Netherlands) (represented by: S. Guerlain, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: KIN AB (Upplands Väsby, Sweden) (represented by: M. Nielsen and C. Galichet, lawyers)
   
      Re:
   
   Action brought against the decision of the Third Board of Appeal of OHIM of 9 December 2009 (Case R 1285/2008-3), relating to invalidity proceedings between Klockgrossisten i Norden AB and Bell & Ross BV.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action.
            
         
               2.
            
            
               Orders Bell & Ross BV to pay the costs, including those incurred by KIN AB in the proceedings before the Board of Appeal.
            
         
      (1)  OJ C 113, 1.5.2010