LEGO LOOSES TRADEMARK BATTLE

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LEGO LOOSES TRADEMARK BATTLE

Post by MsRowdyRedhead on Tue Sep 14, 2010 10:44 pm

2nd UPDATE: EU Court:Lego Red Brick Trademark Not Registrable
By Mike Gordon Of DOW JONES NEWSWIRES

LUXEMBOURG (Dow Jones)--Danish toy brick maker Lego Juris A/S has failed in its bid to overturn a European trade mark decision canceling European trade mark protection for its standard 2 by 4 red Lego brick in a Tuesday ruling of the European Court of Justice.

"The Lego brick is not registrable as a community trade mark," the court said in a statement. "It is a sign consisting exclusively of the shape of goods necessary to obtain a technical result," it added.

The toy brick company had brought the action to overturn a lower court ruling that upheld a decision by the European trade mark office, called OHIM, to cancel its 1999 registration of the red brick.

OHIM had taken this step after Lego competitor Mega Brands, maker of Mega Bloks, requested its cancellation. Mega Brands argued that the trade mark office had wrongly granted Lego a registration, as it contested that European Trade Mark law precluded registering such a shape.

Lego appealed to the Court of First Instance, arguing that the law did permit the registration. The CFI rejected its appeal.

Lego made a further appeal to the European Court of Justice in 2008, arguing that there were legal errors in the CFI's interpretation of the European trade mark legislation.

Lego's lawyers argued that the CFI's interpretation would "preclude any shape which performs a *Violation*303* from trade mark protection." They argued that the court applied the wrong criteria to identifying essential characteristics of a three-dimensional trade mark, and applied the wrong test to determine whether the Lego brick was "functional."

The Court suggested however that Lego's position cannot be defended by trademarking the red brick, but could be examined as a case of unfair competition, which was in this case outside its scope.

"We experience that consumers, when they see a studded brick, whether its Lego or not, expect it to be a Lego brick; so, in order to not confuse and mislead consumers we feel that we have the right to register a trademark," Charlotte Simonsen, Lego's Head of corporate communications told Dow Jones Newswires. "It's about how you can use the shape as a trademark," she added citing Coca-Cola Co.'s registration of the coke bottle and chocolate manufacturer Toblerone's trademark of the shape of their chocolate bars.

The ECJ's ruling is in line with a legal opinion issued by Advocate General Paolo Mengozzi earlier this year, who recommended the court dismiss Lego's appeal, finding that none of its arguments were founded.



-By Mike Gordon, Dow Jones Newswires; +352 691 180 766; mgordon.dowjones@gmail.com

he ruling was a victory for Lego's rival in the building block business, Canada's Mega Brands, which had challenged the Danish company's attempt to register a red toy building brick.

Lego applied for the trademark at the Office for Harmonization in the Internal Market in 1996, and the request was approved three years later. But the trademark was cancelled in 2004 following a challenge from Mega Brands.

The Danish toy company lost an appeal before the EU's General Court in November 2008.

The EU's Court of Justice upheld that decision today, ruling that the "Lego brick is not registrable as a (European) Community trademark".

The top court argued that the studded brick could not gain a trademark because of a prohibition against the registration of products which are necessary to obtain a technical result - legal language for what kids see as using plastic bricks to build castles and spaceships.



Sad Day




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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Crackers on Tue Sep 14, 2010 11:02 pm

Well that's *Violation*308*. =/

I hope LEGO can register it again someday.

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Sim533 on Tue Sep 14, 2010 11:07 pm

Same here, what crackers said, except the first line. =P

They must have it again or probably other companies will make turn of this.

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Roddy15 on Wed Sep 15, 2010 1:08 am

I think though if you think about mega brands point of view you would be thinking that Lego want no compeition.

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by steelersrule12 on Wed Sep 15, 2010 8:25 am

Wow! No This sticks!

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Tithe on Wed Sep 15, 2010 8:29 am

Don't those *Violation*308* people realize that that was their first lego brick AND each brick is trademarked? Well, I ought to be swearing right now.

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by steelersrule12 on Wed Sep 15, 2010 8:31 am

Wow,i have never seen so many violations in a topic. Razz


So does this been since they lost the trademark,that they can't sell them anymore?

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Sim533 on Wed Sep 15, 2010 8:33 am

^^ Don't get off topic... =P

It probably means that other companies can now sell bricks as well. That they can produce the same concept as LEGO.
But I'm not sure...

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Seemefly on Wed Sep 15, 2010 8:35 am

Yeah I have seen 3 companies that have lego shaped bricks in their products.

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Roddy15 on Wed Sep 15, 2010 12:17 pm

I watched a program on LEGO a while back. The trademark was of the first 2x4 LEGO Brick. Then they got every brick trademarked, which meant nobody could copy the design of the LEGO Brick. Though MegaBrands then came along and fought for the trademark of the LEGO Brick to be removed. Which now on present day we have 2 major toy brick sellers, MegaBloks and LEGO. Now my view would be, we know how great LEGO is no matter how over priced they are, they are still going to be the biggest seller for the toy bricks. Though I think if we didn't have MegaBloks then we wouldn't have Halo MegaBloks kits.

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by emiliox-2 on Wed Sep 15, 2010 12:26 pm

well, to be honest they should say: "if manufacturs keep copying are brick design there company should be compltely deletd out of toy stores and then the company should shut down".

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Roddy15 on Wed Sep 15, 2010 12:30 pm

They can NOT say that by LAW now that the trademark is gone they have no power as to who copies the design.

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Dakine Brah on Wed Sep 15, 2010 1:25 pm

I really don't get the big fuss.

I mean sure, Lego should've had the right to the trademark, but why spend thousands of dollars on a case over a design of a brick...?

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Micah477 on Wed Sep 15, 2010 6:56 pm

I read this this morning but couldn't post because I had to go to school =/ Anyway, this just bums me out! I was really hoping they'd win this, it would have been a huge blow against Meg-Bloks! Well, goodbye red block logo thingy, we will miss you forever more No

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by Tithe on Wed Sep 15, 2010 7:02 pm

Also, it dosen't seem like those violation 308 judges don't realize that the 2 X 4 lego brick is on some lego product boxes.

You know what'll REALLY tick me off? If MegaBloksdecides tocopy LEGO UNIVERSE. That will tick off thousands of lego fans and they have the right to sue Mega Blocks.

Ugh, saying those very two words...

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Re: LEGO LOOSES TRADEMARK BATTLE

Post by MsRowdyRedhead on Thu Sep 16, 2010 11:47 pm

I do not have much use for MegaBlechs.

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