Judgment of the General Court (Second Chamber) of 1 December 2021 –
Jieyang Defa Industry v EUIPO – Mattel (Doll’s Head)
(Case T‑84/21)
(Community design – Invalidity proceedings – Registered Community design representing a doll’s head – Earlier design – Ground for invalidity – No individual character – Degree of freedom of the designer – No different overall impression – Articles 6 and 25(1)(b) of Regulation (EC) No 6/2002)
1. Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Criteria for assessment
(Council Regulation No 6/2002, Arts 6(1) and 25(1)(b))
(see para. 22)
2. Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Informed user – Concept
(Council Regulation No 6/2002, Arts 6(1) and 25(1)(b))
(see paras 25, 26)
3. Community designs – Grounds for invalidity – No individual character – Design not giving the 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 paras 31, 32, 38, 39, 64)
4. Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Representation of a doll’s head
(Council Regulation No 6/2002, Arts 6(1) and 25(1)(b))
(see paras 41, 51, 65)
5. Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Global assessment of all the elements of the earlier design
(Council Regulation No 6/2002, Arts 6(1) and 25(1)(b))
(see para. 42)
6. Community designs – Conditions for protection – Visibility of aspects of the product represented by the design
(Council Regulation No 6/2002, Recital 12 and Art. 4)
(see para. 54)
Re:
| Action brought against the decision of the Third Board of Appeal of EUIPO of 14 December 2020 (Case R 2021/2019-3), relating to invalidity proceedings between Mattel and Jieyang Defa Industry Co. |
Operative part
The Court:
2. | | Orders Jieyang Defa Industry Co. Ltd to pay the costs. |