LEGO PRODUCT SHAPE NOT PROTECTED UNDER EURO T.M. LAW

Posted on September 14, 2010 by ERIC WACHSPRESS

As a footnote to my blog entry on “Protecting Your Product Design,” the Associated Press reported today that Lego lost a final trademark ruling in the European Court of Justice in Luxembourg to the effect that “Lego’s [toy] bricks can’t be legally protected by trademark law because their two rows of interlocking studs are a functional, technical shape that cannot become the property of any one company.” Lego’s patents for its toy design had already expired. The European court’s decision, which has no precedential value in the U.S., stated that “companies can’t use trademark law to indefinitely perpetuate exclusive rights relating to technical solutions.” See U.S. Registration #2,922,658, the subject of which is depicted below, for a different result.

About ERIC WACHSPRESS

The material on this website is for informational purposes only. It should not be considered legal advice and is not intended to create an attorney-client relationship. If you have questions regarding any material presented herein, we recommend that you consult an attorney. This web site and information presented herein were designed in accordance with Illinois law. Any content in conflict with the laws or ethical code of attorney conduct of any other jurisdiction is unintentional and void. I am a Chicago attorney practicing in the areas of trademark, copyright and information technology law as well as general corporate law. Formerly a trademark examining attorney with the United States Patent and Trademark Office, I have been in private practice since 1987 representing clients in a wide variety of industries, including the consumer products, financial services, information technology and entertainment industries. You can contact me at markscounsel@gmail.com, by phone at 773.934.5855 or by mail at 417 S. Jefferson St., #304, Chicago, IL 60607 USA
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