The patent for the well known LEGO blocks has expired. Could any now produce and sell these blocks? LEGO is involved in several proceedings in many countries, also in the Netherlands. Its competitor Mega brands entered the Dutch market with comparable blocks, only using a different colour. LEGO argued that only using different colours is too similar. The public could be confused by this 'slavish' imitation.
LEGO was followed by the District Court of Breda. The court held that Mega Brands should have kept more distance. But the Court of Appeal of Den Bosch considered that Mega Brands had not committed a tort towards LEGO. LEGO went on to the Supreme Court as the Court of Appeal had not really gone into LEGO's argument that Mega Brands could have used markings or little holes in the blocks. This would be possible without making the blocks less useful.
Last Friday Attorney-General Verkade advised the Supreme Court to have the matter judged again by another Court of Appeal. That court can investigate whether holes or stripes could be an alternative. My guess? I expect the Supreme Court to follow the Attorney-General's advice. LEGO is not yet free for all!
Maarten Haak
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office Emerald House Jozef Israëlskade 48-G Amsterdam, the Netherlands t +31 (0)20 - 305 3066 www.hoogenhaak.nl |
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The patent for the well known LEGO blocks has expired. Could any now produce and sell these blocks? LEGO is involved in several proceedings in many countries, also in the Netherlands. Its competitor Mega brands entered the Dutch market with comparable blocks, only using a different colour. LEGO argued that only using different colours is too similar. The public could be confused by this 'slavish' imitation.
LEGO was followed by the District Court of Breda. The court held that Mega Brands should have kept more distance. But the Court of Appeal of Den Bosch considered that Mega Brands had not committed a tort towards LEGO. LEGO went on to the Supreme Court as the Court of Appeal had not really gone into LEGO's argument that Mega Brands could have used markings or little holes in the blocks. This would be possible without making the blocks less useful.
Last Friday Attorney-General Verkade advised the Supreme Court to have the matter judged again by another Court of Appeal. That court can investigate whether holes or stripes could be an alternative. My guess? I expect the Supreme Court to follow the Attorney-General's advice. LEGO is not yet free for all!
Maarten Haak