Judgment of the General Court of 13 December 2023 – Light Tec v EUIPO – DecoTrend (Lampshade)
(Case T-10/23) 1
(Community design – Invalidity proceedings – Registered Community design representing a star – Earlier design produced after the filing of the application for a declaration of invalidity – Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 – Discretion of the Board of Appeal – Article 63(1) and (2) of Regulation (EC) No 6/2002 – Obligation to state reasons – Right to be heard)
Language of the case: German
Parties
Applicant: Light Tec Ltd (Tsuen Wan, Hong Kong, China) (represented by: M.-H. Hoffmann, lawyer)
Defendant: European Union Intellectual Property Office (represented by: E. Nicolás Gómez, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: DecoTrend GmbH (Weiden in der Oberpfalz, Germany) (represented by: C. Klawitter, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 November 2022 (Case R 2105/2021-3).
Operative part of the judgment
The Court:
Dismisses the action;
Orders Light Tec Ltd to bear its own costs and to pay those incurred by DecoTrend GmbH;
Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
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1 OJ C 71, 27.2.2023.