B9 9794. Gerecht EU, 14 juni 2011, Zaak T-68/10, Sphere Time tegen OHIM / Punch
Modellenrecht. Nietigverklaring Gemeenschapsmodel horloge/keycord. De kamer van beroep oordeelde eerder dat het bestreden model geen eigen karakter had en niet nieuw was. Het Gerecht bevestigt dat oordeel.
Geïnformeerde gebruiker: 53. It is not disputed that the SYMBICORT design, like the contested design, is a promotional item. In relation to such items, the concept of informed user, as defined at paragraph 51 above, includes, firstly, a professional who acquires them in order to distribute them to the final users and, secondly, those final users themselves.
Vrijheid van de ontwerper: 69. However, those constraints relate to the presence of certain elements in a watch, but do not influence, to a significant degree, its shape and general appearance. Thus, in particular, the face and the watch case may take various shapes and may be structured in various ways, as was stated, in substance, by the Board of Appeal at paragraph 21 of the contested decision.
Totaalindruk: 84. In light of all the foregoing, it must be held that the contested design and the SYMBICORT design produce the same overall impression on the informed user. Therefore, the Board of Appeal was correct in arriving at that same conclusion, at paragraph 22 of the contested decision, and in inferring therefrom that the contested design was devoid of individual character within the meaning of Article 6 of Regulation No 6/2002 and was therefore to be declared invalid.
Lees het arrest hier.
