Antrax It Srl v European Union Intellectual Property Office (T-828/14, T-829/14)

Judgment of 16 Feb 2017

law://eu/cjeu/2014/t-828-14/para_53@2026-11-13

53As evidenced by the case-law, the individual character of a design results from an overall impression of difference or lack of ‘déjà vu’, from the point of view of an informed user, in relation to any previous presence in the design corpus, without taking account of any differences that are insufficiently significant to affect that overall impression, even though they may be more than insignificant details, but taking account of differences that are sufficiently marked so as to produce dissimilar overall impressions (see judgment of 7 November 2013, Budziewska v OHIM — Puma SE (Bounding feline), T‑666/11, not published, EU:T:2013:584, paragraph 29 and the case-law cited).

Antrax It Srl v European Union Intellectual Property Office (T-828/14, T-829/14)

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