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Antrax It Srl v EUIPO (T-828/14): The General Court Tackles the Notion of a Saturated Field of Prior Designs in the Assessment of Individual Character

 

26 September 2017

​Tom Brazier examines Antrax lt Srl v EUIPO (T-828/14) and discusses how the General Court tackles the notion of a saturated field of prior designs in the assessment of individual character.

The saturation of a design field means that the informed user is more likely to notice small differences between two designs. In a saturated design field, designs are more likely to be valid, and less likely to be infringed. Despite finding on two occasions that the Third Board of Appeal had not properly decided the case, the General Court’s latest judgment in a long line of Antrax (T-83/11 and T-84/11) EU:T:2012:592 decisions confirms that  parties seeking to take advantage of a saturation argument now face a steep uphill evidential battle.
 
To read the full article here.
 
This material was first published by Thomson Reuters and Contributors in Tom Brazier , “Antrax It Srl v EUIPO (T-828/14): The General Court Tackles the Notion of a Saturated Field of Prior Designs in the Assessment of Individual Character”, (2017) 39 E.I.P.R. 375, 375-378, and is reproduced by agreement with the Publishers.
 

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