Adviser Urges EU High Court To Block Lego IP Appeal

“The European Court of Justice should reject Lego A/S’ appeal of a lower court decision that upheld a block on Europe’s largest toy maker trade marking the shape of its famous toy bricks, an adviser to the EU’s highest court said in a nonbinding opinion Tuesday.”

“The Court of First Instance issued its ruling in November 2008, finding that the shape of Lego blocks serve a clear purpose and can’t be protected by any one company. The ruling was seen as a victory for Mega Brands Inc., a Canadian company that markets a similar product called Mega Bloks and has waged court battles against Lego’s trademark in several European countries.”

“Mega Brands was allowed to sell its blocks in all 27 EU member states as a result of the Court of First Instance ruling.”

“Patricia Cappuyns (BR), an attorney with Howrey LLP representing Mega Brands, said that while Mengozzi’s ruling was not binding and the ECJ could make a different finding, it did give her client ‘some idea of the way the court might go.’

“It fully confirms the earlier decision by the Court of First Instance,’ Cappuyns said.”

“Lego, whose patent for its construction blocks has long expired, had been trying to use a design trademark to protect its line of toys in the EU.”

“Howrey LLP represented Mega Brands.”