CELEX: 62011TN0566
Language: en
Date: 2011-10-31 00:00:00
Title: Case T-566/11: Action brought on 31 October 2011 — Viejo Valle v OHIM — Etablissements Coquet (Coffee service set with grooves)

4.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/26
            
         Action brought on 31 October 2011 — Viejo Valle v OHIM — Etablissements Coquet (Coffee service set with grooves)
   (Case T-566/11)
   2012/C 32/55
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Viejo Valle, SA (L'Olleria, Spain) (represented by: I. Temiño Ceniceros, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Etablissements Coquet SA (Saint Léonard de Noblat, France)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
               —
            
            
               declare the present action, together with its annexes, admissible;
            
         
               —
            
            
               annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 July 2011, in Case R 1054/2010-3;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Design in respect of which a declaration of invalidity has been sought: Design No 384.912-0001, representing a decorated service set; a coffee cup and saucer.
   
      Proprietor of the Community design: the applicant.
   
      Applicant for the declaration of invalidity of the Community design: Etablissements Coquet SA.
   
      Grounds for the application for a declaration of invalidity: Infringement of Article 25(1)(f) of Regulation (EC) No 6/2002, since the Community design constitutes an unauthorised use of a work protected by the copyright legislation of a Member State.
   
      Decision of the Cancellation Division: upheld the application for a declaration of invalidity.
   
      Decision of the Board of Appeal: dismissed the action.
   
      Pleas in law: Infringement of Article 25(1)(f) of Regulation (EC) No 6/2002 and Article 28(1)(b)(iii) of Regulation No 2245/2002, since the defendant has not sufficiently documented the protected work on which the application for a declaration of invalidity is based, nor provided details of its proprietorship, nor its object.