EU Court Safeguards Iconic Lego Brick Design, Rejects Technicality Challenge

EU Court Safeguards Iconic Lego Brick Design, Rejects Technicality Challenge

In a ruling that could have significant implications for design rights across the European Union, the Court of Justice of the European Union (CJEU) has upheld Lego's claim to the registered design of its iconic toy brick.

After a legal challenge, the General Court of the CJEU, the EU's highest court ruled on January 24 that Lego's iconic brick design deserves legal protection despite its technical aspects.

This decision reinforces design rights for manufacturers and opens doors for innovative product design in the EU.

The Court rejected German toy company Delta Sport Handelskontor's attempt to revoke the design protection of Lego's toy brick, citing Article 8(3) of the Community Design Regulation (CDR).

Article 8(3) of the CDR allows design protection for products where "the appearance results from the integration of technical features into the product and those features cannot be dissociated from the visual appearance."

Article 8(3), known as the "Lego Exemption”, allows design protection for modular systems like Lego bricks, even if some features are dictated by how they connect. This protection applies to designs that are both new and have a unique visual identity.

The judgment held that a design can only be declared legally invalid if none of its characteristics qualify for protection under the relevant regulations.

“If at least one of its characteristics is protected, in particular due to the application of the exception provided for in Article 8(3) of that regulation, the design remains valid,” the judgment added.

A statement from the CJEU's General Court clarified that Delta Sport, challenging Lego's design, bore the burden of proof but failed to demonstrate the brick lacked the "novelty and individual character" required for protection under the "modular systems" exception.

The General Court's recent ruling builds on the EU Intellectual Property Office's (EUIPO) 2021 decision confirming the validity of the Lego brick's registered Community design.

Delta Sport successfully challenged the Lego brick's design protection in 2019, arguing that its features were solely dictated by technical function and ineligible for protection. However, the General Court reversed that decision, recognising the brick's distinct visual identity and modular nature.

Following the initial setback, Lego saw a crucial victory in 2021. The EUIPO reconsidered its earlier stance and acknowledged that the Lego brick falls under a special EU law exception safeguarding the design of modular products.