Judgment of the General Court of 15 June 2022 – Tubes Radiatori v EUIPO – Antrax It (Radiator)
(Case T-380/20) 1
(Community design – Invalidity proceedings – Community design representing a radiator – Earlier designs – Grounds for invalidity – No individual character – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Freedom of the designer – No scope for innovation – Overall impression)
Language of the case: Italian
Parties
Applicant: Tubes Radiatori Srl (Resana, Italy) (represented by: S. Verea, K. Muraro, M. Balestriero and P. Menapace, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Antrax It Srl (Resana) (represented by: L. Gazzola and G. Lugato, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 25 March 2020 (Case R 1275/2017-3), relating to invalidity proceedings between Antrax It and Tubes Radiatori.
Operative part of the judgment
The General Court:
1. Dismisses the action;
2. Orders Tubes Radiatori Srl to pay the costs.
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1 OJ C 271, 17.8.2020.