Judgment of the General Court of 18 March 2010 - Grupo Promer Mon Graphic v OHIM - PepsiCo (Representation of a circular promotional item)
(Community design - Invalidity proceedings - Registered Community design representing a circular promotional item - Prior design - Ground for invalidity - Conflict - No different overall impression - Meaning of 'conflict' - Product at issue - Degree of freedom of the designer - Informed user - Article 10 and Article 25(1)(d) of Regulation (EC) No 6/2002)
Language of the case: English
Parties
Applicant: Grupo Promer Mon Graphic SA (Sabadell, Spain) (represented by: R. Almaraz Palmero, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: PepsiCo Inc. (New York, United States) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 27 October 2006 (Case R 1001/2005-3) relating to invalidity proceedings between Grupo Promer Mon Graphic SA and PepsiCo Inc.
Operative part of the judgment
The Court:
1. Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 27 October 2006 (Case R 1001/2005-3);
2. Orders OHIM and PepsiCo Inc. to bear their own costs and to pay those incurred by Grupo Promer Mon Graphic SA in the proceedings before the General Court;
3. Orders OHIM and PepsiCo to bear their own costs and to pay those incurred by Grupo Promer Mon Graphic in the proceedings before the Board of Appeal.
____________1 - OJ C 56, 10.3.2007.