A UK competitor of well-known Danish toy brand ‘Lego’ has had its application for a declaration of invalidity of Lego’s 3D trade marks rejected by the General Court of the European Union (“the General Court”).
In the latest of a series of intellectual property (“IP”) disputes, ‘Best-Lock’ applied to the General Court to annul the decision of OHIM in relation to Lego’s 3D trade marks. It relied on the following grounds to establish invalidity:
OHIM rejected Best-Lock’s applications for a declaration of invalidity. Best-Lock therefore applied to the General Court for annulment of OHIM’s decision.
The General Court upheld OHIM’s decision that Lego’s 3D figures were protected by valid community trade mark registrations. The basis for the General Court’s decision was as follows:
Lego’s 3D trade marks therefore remain protected against competitors. This decision will act as a further reminder to competitors of the risk of IP infringement if similar-shaped figures are produced.
Best-Lock has indicated that it will launch a further appeal of the decision. We will keep you updated on this case.
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