In a discussion about the trademark rights to a certain type of block, the Danish toy manufacturer LEGO gets right from the European Court, the second highest European court. It is not about the block itself, but about the circles and dots with which it is clicked together. They are unique, the Court ruled.
The European Court of Justice in Luxembourg is thus opposed to an earlier ruling by the European Union Intellectual Property Office (EUIPO). The German toy maker Delta-Sport Handelskontor agreed with this in 2019 when it felt that the design of the LEGO block in question, an elongated rectangle with one row of four round points at the top, should no longer be protected.
LEGO appealed against that ruling and was therefore right on Wednesday. The General Court admits that it is difficult to prevent other toy companies from also making blocks that can be attached to each other in one way or another, but finds the specific way in which the Danish company does this unique.
“The EUIPO has not taken into account all the characteristics of the block in its decision,” a judge said on Wednesday. The patent office said two years ago that the design of the block was only motivated by its technical function, namely taking it apart and putting it together. The General Court disagrees.
Delta-Sport Handelskontor can now still appeal against the decision to the European Court of Justice.
Source site www.nu.nl