Judgment of the General Court of 30 June 2021 – Framery v EUIPO – Smartblock (Transportable building)
(Case T-373/20) 1
(Community design – Invalidity proceedings – Community design representing a transportable building – Earlier designs – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – No different overall impression – Article 6(1)(b) and Article 25(1)(b) of Regulation No 6/2002 – Obligation to state reasons)
Language of the case: English
Parties
Applicant: Framery Oy (Tampere, Finland) (represented by: A. Renck and C. Stöber, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Smartblock Oy (Helsinki, Finland)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 8 April 2020 (Case R 616/2019-3), relating to invalidity proceedings between Smartblock and Framery.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Framery Oy to pay the costs.
____________
1 OJ C 271, 17.8.2020.