Judgment of the General Court of 9 March 2012 - Coverpla v OHIM - Heinz-Glas (Phial)
(Case T-450/08)
(Community design - Invalidity proceedings - Registered Community design representing a bottle - Prior design - Ground for invalidity - Disclosure of prior design - Absence of novelty - Articles 5 and 25(1)(b) of Regulation (EC) No 6/2002)
Language of the case: French
Parties
Applicant: Coverpla (Nice, France) (represented by: P. Greffe and M. Chaminade, lawyers)
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: Heinz-Glas GmbH (Piesau, Germany) (represented by: M. Pütz-Poulalion, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 7 July 2008 (Case R 1411/2007-3), relating to invalidity proceedings between Heinz-Glas GmbH and Coverpla in respect of a Community design
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Coverpla to pay the costs.
____________1 - OJ C 6, 10.1.2009.