Judgment of the General Court of 23 October 2013 – Viejo Valle v OHIM Établissements Coquet (Cup and saucer with grooves and soup dish with grooves)

(Cases T-566/11 and T-567/11) ¹

(Community design – Invalidity proceedings – Registered Community design representing a cup and saucer with grooves and a soup dish with grooves – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002)

Language of the case: 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) (represented by: V. Melgar, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Établissements Coquet (Saint-Léonard-de-Noblat, France) (represented by: C. Bouchenard, lawyer)

Re:

Actions brought against the decisions of the Third Board of Appeal of OHIM of 29 July 2011 (Cases R 1054/2010-3 and R 1055/2010-3), relating to opposition proceedings between Établissements Coquet and Viejo Valle, SA

Operative part of the judgment

The Court:

1.    Joins Cases T-566/11 and T-567/11 for the purposes of the judgment;

2.    Dismisses the actions;

3.    Orders Viejo Valle, SA to bear its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of Établissements Coquets.

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¹     OJ C 32, 4.2.2012.