General Court: Three key lessons from the Court’s first decision on validity of a registered Community design (Decision of March 18, 2010 – Case T-9/07 – Grupo Promer Mon Graphic SA v OHIM and PepsiCo Inc, "Metal Rappers")

Eight years and 12 days after the Community Design Regulation (“CDR”) entered into force, Europe’s General Court (formerly known as Court of First Instance) decided, for the very first time, on some key requirements for testing the validity of a registered Community design. While OHIM’s Invalidity Division had invalidated PepsiCo’s contested design, OHIM’s Board of Appeal reversed the decision and found the design valid. The General Court confirmed basic conclusions of the Board of Appeal but nonetheless declared the contested design invalid, more...

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