13.11.2017
EN
Official Journal of the European Union
C 382/45
Judgment of the General Court of 28 September 2017 — Ruhland v EUIPO — 8 seasons design (Lamp in the form of a star)
(Case T-779/16) (1)
((Community design - Invalidity proceedings - Registered Community design representing a lamp in the form of a star - Earlier Community design - Ground of invalidity - Individual character - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002))
(2017/C 382/55)
Language of the case: German
Parties
Applicant: Lothar Rühland (Wendeburg, Germany) (represented by: H.-P. Schrammek, C. Drzymalla, S. Risthaus and J. Engberding, lawyers)
Defendant: European Union Intellectual Property Office (represented initially by: S. Hanne, and subsequently by: M. Fischer, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: 8 seasons design GmbH (Eschweiler, Germany) (represented by: A. Haberl, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 8 July 2016 (Case R 878/2015-3) concerning invalidity proceedings between 8 seasons design and Mr Rühland.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Mr Lothar Rühland to pay the costs.
(1) OJ C 14, 16.1.2017.