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Wednesday, 21 April 2010

Court: Lego Can't Trademark Bricks' Shape

By Nick McMaster
Posted Nov 12, 08 5:14 PM CST

(Newser) – A European Union court ruled today that Lego can’t trademark the shape of its iconic toy building blocks, Bloomberg reports. The court supported a 2006 decision by the EU trademark agency that said because the raised circles on Lego blocks serve a “utilitarian function,” they are ineligible for trademark. Lego plans to appeal to a higher court. Lego says the design of the bricks make them “highly distinctive” and aesthetic in nature, and therefore eligible for a trademark. A precedent-setting decision in 2002 held that Royal Philips Electronics was not infringing on Spectrum’s Remington trademark by producing an electric shaver with a triangle-shaped head similar to that of a Philips shaver.

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