Judgment of the General Court (First Chamber) of 7 November 2013 —
Budziewska v OHIM — Puma (Bounding feline)
(Case T‑666/11)
Community design — Invalidity proceedings — Registered Community design representing a bounding feline — Earlier designs — Ground for invalidity — Lack of individual character — Informed user — Degree of freedom of the designer — Overall impression not different — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
1. Community designs — Ground for invalidity — No individual character — Design not producing on a well-informed user a different overall impression from that produced by the earlier design — Criteria for assessment — Creative licence (Council Regulation No 6/2002, Arts 6(2), and 25(1)(b)) (see para. 21)
2. Community designs — Ground for invalidity — No individual character — Disclosure by the designer or his successor in title — Proof of the disclosure (Council Regulation No 6/2002, Arts 6(1), 7(1), and 25(1)(b)) (see para. 24)
3. Community designs — Ground for invalidity — No individual character — Design not producing on a well-informed user a different overall impression from that produced by the earlier design — Representation of a bounding feline (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see paras 26, 36, 41‑43)
4. Community designs — Ground for invalidity — No individual character — Design not producing on a well-informed user a different overall impression from that produced by the earlier design — Overall assessment of all the elements presented by the earlier design (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see paras 29‑31)
5. Community designs — Ground for invalidity — No individual character — Informed user — Concept (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see para. 32)
6. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Similar requirements for claims invoked in support of a plea (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 34)
Re:
| ACTION brought against the decision of the Third Board of Appeal of OHIM of 23 September 2011 (Case R 1137/2010‑3) relating to invalidity proceedings between Puma AG Rudolf Dassler Sport and Danuta Budziewska. |
Operative part
The Court:
2. | | Orders Danuta Budziewska to pay the costs. |