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Copyrights: Lego bricks war not over yet

Copyrights: Lego bricks war not over yet

Lego offers an entire range of products such as doors, trees and miniature figurines (e.g. fireman) to use in combination with their famous blocks.

Banbao is a wholesaler of toys and comes with similar kits. Lego claims these are an infringement of its copyright and design rights. It is also illegal to copy products if you can deviate without sacrificing the quality of the product. The judge, agrees. The fact that the products have a technical aspect (they can latch onto each other) does not mean that the design should copies one on one.

Banbao’s bricks are slightly different from Lego’s (larger dent in the bobble, other kinds of colours), but these differences are not sufficient to be perceived by consumers.

The toys must be compatible with Lego, but that does not mean the whole product may be copied. The products generate the same overall impression on the audience, so it was also a design infringement. The figures are however based on stereotypical characters, but Lego has many subjective decisions to make in the design. Infringement, again because copyrighted aspects were copied, also in the packaging (same building, frame, skyline).

Result: a ban on the marketing of the toys and reimbursement of part of the legal fees of the opposing party (around € 65,000, -).

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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