15 Sep 2010

Trademark case lost by Lego

9:47 am on 15 September 2010

Lego has lost a fight to have its bricks protected by trademark law.

Lego had argued that the studs on top of the bricks made them highly distinctive, and therefore, eligible for trademark rights.

The Danish company had appealed to the European Court of Justice to overturn a 2004 decision to cancel Lego's trademark for the brick, but the court says the functional shape of a brick is not registrable as a trademark.

The decision is seen as a victory for Mega Bloks which makes bricks of the same shape and size.