Lego makes toys for all ages. The LEGO Botanical Collection—a modular building system for assembling flowers—is specifically designed for adults. Not only is the LEGO trademark name registered for toys, but many of its building blocks are also protected as registered designs.
Wibra jumped on the trend and launched its own “Mini Block Flower Arrangement.” On social media, these products were even marketed as “Lego flowers.” Unsurprisingly, it didn’t take long for LEGO to send a cease-and-desist letter. Eventually, the matter ended up in court.
The social media advertisements referring to “Lego flowers” were deemed trademark infringement, as they used the identical name for building blocks. Furthermore, Wibra’s bricks also constituted a design infringement. The court ruled that Wibra’s bricks did not create a different overall impression for the “informed user.” A tiny indentation on the studs wasn’t enough to make a difference. The verdict: both trademark and design infringement. Within two weeks, Wibra had to recall the products, pay fines for each unit sold, and cover LEGO’s legal fees—a hefty €15,000.
