Judgment of the General Court of 6 June 2013 – Kastenholz v OHIM – Qwatchme (Watch dials)
(Case T-68/11) 1
(Community design – Invalidity proceedings – Community design representing watch dials – Earlier unregistered designs – Ground for invalidity – Novelty – Articles 4, 5 and 25(1)(b) of Regulation (EC) No 6/2002 – Individual character – Different overall impression – Articles 4, 6 and 25(1)(b) of Regulation No 6/2002 – Earlier copyright – Article 25(1)(f) of Regulation No 6/2002)
Language of the case: German
Parties
Applicant: Erich Kastenholz (Troisdorf, Germany) (represented by: L. Acker, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Hanne, and subsequently by D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Qwatchme A/S (Løsning, Denmark) (represented by: M. Zöbisch, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 2 November 2010 (Case R 1086/2009-3) concerning invalidity proceedings between Erich Kastenholz and Qwatchme A/S.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Mr Erich Kastenholz to pay the costs.
____________1 OJ C 113, 9.4.2011.