Action brought on 31 October 2011 - Viejo Valle v OHIM - Etablissements Coquet (Coffee service set with grooves)

(Case T-566/11)

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.

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