Confirmed the validity of the protection of the LEGO toy brick by the Court of Justice of the European Union (CJEU)

Since 2010, the Danish company LEGO benefits of the protection for the design or model of its iconic brick within the European Union. In 2019, by request of the German company Delta Sport Handelskontor, the European Union Intellectual Property Office (EUIPO) nullified the protection of Lego bricks. According to EUIPO, all features of the brick's appearance were imposed solely by its technical function, which is assembly and disassembly with other bricks. In 2021, the CJEU decided that the protection for the Lego brick should be restored as it benefited from a specific exception provided by EU law that allows for the protection of modular systems, decision immediately ratified by EUIPO. In 2022, Delta Sport Handelskontor once again asked the CJEU to nullify this new decision by EUIPO. The request was rejected by the Court at the end of January 2024, stating «that a design is declared invalid only in the case where all its characteristics are excluded from protection». Specifically, this was not the case here, because the arguments from Delta Sport Handelskontor pertained to only one feature among several considered by EUIPO.

02/12/2024 |