It’s a flat Lego brick with four studs. An EU court has ruled that its design is still protected. The judgment can still be appealed to the European Court of Justice.
In the dispute over the design of a Lego building block, the Danish company has achieved success before the EU court. The judges in Luxembourg decided that the protection of a certain stone is still valid. It is a flat stone with four studs in the middle, which Lego registered as protected in 2010.
Lego is leading the legal dispute with the German company Delta Sport Handelskontor, which, among other things, produces toys. Delta applied to the European Union Intellectual Property Office (EUIPO) in 2019 to remove protection for the Lego brick. The office accepted the request: All of the stone’s features are determined exclusively by its technical function, i.e. that figures can be assembled and disassembled again.
However, the EU court overturned this decision in 2021. The EUIPO had to decide again and this time rejected Delta Sport’s application. The German company sued against this – but without success. The EU court has now dismissed the lawsuit.
Such a design can therefore only be declared invalid if all of its features are excluded from protection. But that was not the case here, according to the judges. An exception to protect modular systems also does not apply. For this to happen, the stone must meet certain requirements, such as novelty and uniqueness. Delta Sport had not proven this, the court said. The judgment can still be appealed to the European Court of Justice (ECJ).
Source: Stern
