Judgment_paragraph 90 · Antrax It Srl v European Union Intellectual Property Office (T-828/14, T-829/14)

90As a preliminary point, the General Court observes that, contrary to EUIPO’s assertions, the judgment of 12 March 2014, Radiator (T‑315/12, not published EU:T:2014:115), did not lay down an evidence-based requirement of demonstration of saturation and did not preclude its being considered simply ‘well known’. The allusion, in paragraph 87 of that judgment, to the fact that saturation of the state of the art, once proven, may be liable to make an informed user more sensitive to differences of detail in the designs at issue, did not preclude the Board of Appeal from finding that it was well known the state of the art was saturated. A ‘proven’ fact means merely that an act has been recognised as being true and accurate. Facts which are well known are those which are ‘likely to be known by anyone or which may be learnt from generally accessible sources’ (judgment of 22 June 2004, Ruiz-Picasso and Others v OHIM — DaimlerChrysler (PICARO), T‑185/02, EU:T:2004:189, paragraph 29). A well-known fact is thus one that is sufficiently known to be true so that it is not necessary to prove it.

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

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