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23 June 2015
The European Court of Justice (ECJ) has ruled that the shape of the famous Lego man is still a protected trade mark after a rival firm challenged the registration.
In September 2010, the ECJ rejected Lego’s appeal to protect a trade mark registration for its eight-studded bricks following a legal challenge brought by rival company, Mega Bloks. In this case, the ECJ decided that Lego’s bricks were not sufficiently distinctive. This was a substantially different case as the Lego brick itself was found to be entirely functional.
The latest ruling has blocked an appeal by a Lancashire-based toymaker trying to revoke Lego’s trade mark for its figurines. This victory will now provide Lego with unlimited trade mark protection as long as it renews the registration regularly as Dominic Murphy, Trade Mark Attorney at the firm explains here.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Withers & Rogers LLP, June 2015