Judgment of the General Court of 4 February 2014 – Gandia Blasco v OHIM – Sachi Premium-Outdoor Furniture (Cuboid Armchair)
(Case T-339/12) 1
(Community design – Invalidity proceedings – Registered Community design representing a cuboid armchair – Earlier design – Ground for invalidity – Individual character – Different overall impression – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
Language of the case: English
Parties
Applicant: Gandia Blasco, SA (Valencia, Spain) (represented by: I. Sempere Massa, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Sachi Premium-Outdoor Furniture, Lda (Estarreja, Portugal) (represented by: M. Oehen Mendes and M. Paes, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 25 May 2012 (Case R 970/2011-3) in relation to invalidity proceedings between Gandia Blasco, SA and Sachi Premium-Outdoor Furniture, Lda.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Gandia Blasco, SA to pay the costs.
____________1 OJ C 295, 29.9.2012.