Lego loses trademark challenge at top EU court

City A.M. Reporter
DANISH toymaker Lego has lost a court battle to have its snap-together plastic bricks registered as an exclusive trademark in the European Union.

Lego argued that studs on top of the bricks made them highly distinctive and, thus, eligible for trademark rights. The European Union Court of Justice upheld a 2008 ruling by the General Court, which dismissed Lego’s challenge to the decision by trademark agency OHIM.

In 2004, OHIM repealed an earlier decision to grant trademark rights for Lego bricks after objections from Canadian toymaker Mega Brands.

Peter Kjaer, head of Lego’s intellectual property section, said. “It is naturally a matter of concern to us that use of the brick by others can dilute the trademark. But the worst aspect is that consumers will be misled.”