Lego lose trademarking rights
After a long 11 year battle with the European court of justice, Lego have been denied the ability to trademark their 8 studded brick.
Although they argued the point that other brands were able to trademark a 3d shape (Coca Cola and their world recognised bottle), apparently there is an exception to the rule when object in question can serve as an exclusive technical function. The court ruled that the stacking function of the Danish toy giant’s brick meant it was a functional shape, and it would therefore not be possible to grant it protection.
Peter Kjaer, head of the Lego Group’s intellectual property section had this to say: “The worst aspect is that consumers will be misled. Analyses show that 40% to 60% of shoppers believe they are buying a Lego product, when in fact they are purchasing a different product.”
Although the courts have come to a decision, Lego could yet find a loophole within the system to make sure their 11 years of battling hasn’t gone to waste!