In a ruling dated 11 September 2024 (R 5/2024), the European Union Intellectual Property Office (EUIPO) Board of Appeal overturned a prior decision by the Invalidity Division, rejecting the evidentiary value of printed social media posts' screenshots in a case challenging the validity of an EU registered design. The case involved a dispute between Eco Oil OÜ and Ecosauna Project OÜ regarding the novelty and individual character of a registered design. The Board emphasized the importance of concrete evidence to substantiate claims of prior design disclosure, highlighting the need for comprehensive documentation beyond mere hyperlinks or screenshots to establish authenticity and credibility.
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