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Lego will have to raise its game having been stripped of its trademark rights for its little plastic bricks by an EU court.
It was never going to be easy for Lego (the basic version of the stuff they started selling in the 1940s) to prevent people from copying its design and construct. They’re small plastic blocks, no working parts or unique details to patent there.
But the company had a good run, its right to trademark the interlinking cuboids was finally removed
by the EU in 2004 and this week the verdict was upheld. The judge said the blocks were of “functional shape” and should be available to all manufacturers.
Lego plans to appeal, but it’s hard to imagine them being successful.
Other companies, such as ‘Mega Brands’ who complained in the first place, can now ‘take inspiration’ from Lego at their leisure, and Lego will just have to be better than its competitors to maintain market share.
Of course, the company now produces a vast array of products that include amusement parks, computer games and even a business consultancy called ‘Serious Play’.
But the company’s experience underlines the importance of copyrighting your product, and shows that if you can't prevent rival businesses from copying you, you just have to do it better.
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