Judgment of the General Court of 13 May 2015 — Group Nivelles v OHIM — Easy Sanitary Solutions (Shower drain conduit)
(Case T-15/13) 1
(Community design — Invalidity proceedings — Registered design representing a shower drain conduit — Earlier design — Grounds for invalidity — Novelty — Individual character — Visible characteristic of the earlier design — Goods at issue — Articles 4 to 7, 19 and 25(1)(b) of Regulation (EC) No 6/2002)
Language of the case: Dutch
Parties
Applicant: Group Nivelles (Gingelom, Belgium) (represented by: H. Jonkhout, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Bonne and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Easy Sanitary Solutions BV (Losser, Netherlands) (represented by: F. Eijsvogels, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 4 October 2012 (Case R 2004/2010-3) concerning invalidity proceedings between I-drain BVBA and Easy Sanitary Solutions BV.
Operative part of the judgment
The Court:
Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 October 2012 (Case R 2004/2010-3);
Dismisses the remainder of the action;
Orders OHIM to bear its own costs and to pay those incurred by Group Nivelles and Easy Sanitary Solutions BV.
________________________1 OJ C 108, 13.4.2013.