CELEX: 62013CN0345
Language: en
Date: 2013-06-24 00:00:00
Title: Case C-345/13: Reference for a preliminary ruling from Supreme Court (Ireland) made on 24 June 2013 — Karen Millen Fashions Ltd v Dunnes Stores, Dunnes Stores (Limerick) Ltd

7.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/26
            
         Reference for a preliminary ruling from Supreme Court (Ireland) made on 24 June 2013 — Karen Millen Fashions Ltd v Dunnes Stores, Dunnes Stores (Limerick) Ltd
   (Case C-345/13)
   2013/C 260/47
   Language of the case: English
   
      Referring court
   
   Supreme Court
   
      Parties to the main proceedings
   
   
      Applicant: Karen Millen Fashions Ltd
   
      Defendant: Dunnes Stores, Dunnes Stores (Limerick) Ltd
   
      Questions referred
   
   
               1.
            
            
               In consideration of the individual character of a design which is claimed to be entitled to be protected as an unregistered Community design for the purposes of Council Regulation (EC) No 6/2002 of 12th December, 2001 on Community designs (1), is the overall impression it produces on the informed user, within the meaning of Article 6 of that Regulation, to be considered by reference to whether it differs from the overall impression produced on such a user by
               
                           (a)
                        
                        
                           any individual design which has previously been made available to the public, or
                        
                     
                           (b)
                        
                        
                           any combination of known design features from more than one such earlier design?
                        
                     
         
               2.
            
            
               Is a Community design court obliged to treat an unregistered Community design as valid for the purposes of Article 85(2) of Council Regulation (EC) No 6/2002 of 12th December, 2001 on Community designs where the right holder merely indicates what constitutes the individual character of the design or is the right holder obliged to prove that the design has individual character in accordance with Article 6 of that Regulation?
            
         
      (1)  OJ L 3, p. 1