CELEX: 62013TA0022
Language: en
Date: 2015-05-21 00:00:00
Title: Case T-22/13 and T-23/13: Judgment of the General Court of 21 May 2015 — Senz Technologies BV v OHIM — Impliva (Umbrellas) (Community design — Invalidity proceedings — Registered Community design representing umbrellas — Grounds for invalidity — Disclosure of earlier design — American patent as earlier design — Circles specialised in the sector concerned — Informed user — Degree of attention of an informed user — Fashion accessories — Degree of freedom of the designer — Individual character — Different overall impression — Invalidity proceedings)

6.7.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 221/8
            
         Judgment of the General Court of 21 May 2015 — Senz Technologies BV v OHIM — Impliva (Umbrellas)
   (Case T-22/13 and T-23/13) (1)
   
   ((Community design - Invalidity proceedings - Registered Community design representing umbrellas - Grounds for invalidity - Disclosure of earlier design - American patent as earlier design - Circles specialised in the sector concerned - Informed user - Degree of attention of an informed user - Fashion accessories - Degree of freedom of the designer - Individual character - Different overall impression - Invalidity proceedings))
   (2015/C 221/10)
   Language of the case: English
   
      Parties
   
   
      Applicant: Senz Technologies BV (Delft (Netherlands)) (represented initially by: W. Hoyng and C. Zeri, and subsequently by W. Hoyng and I. de Bruijn, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: F. Mattina, and subsequently by A. Folliard-Monguiral, acting as Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Impliva BV (Mijdrecht (Netherlands)) (represented by: C. Gielen and A. Verschuur, lawyers)
   
      Re:
   
   Actions brought against two decisions of the Third Board of Appeal of OHIM of 26 September 2012 (Cases R 2453/2010-3 and R 2459/2010-3), in relation to invalidity proceedings between Impliva BV and Senz Technologies BV.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decisions of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2012 (Cases R 2453/2010-3 and R 2459/2010-3);
            
         
               2.
            
            
               Orders Impliva BV to bear its own costs and to pay one third of the costs of Senz Technologies BV;
            
         
               3.
            
            
               Orders Senz Technologies to bear two thirds of its own costs;
            
         
               4.
            
            
               Orders OHIM to bear its own costs.
            
         
      (1)  OJ C 101, 6.4.2013.