Following a legal challenge from a rival company, the General Court of the European Union has ruled that Lego’s distinctively shaped human figures are a protected trademark and therefore cannot be copied.
Lego, the world’s second largest maker of toys, registered a “three-dimensional trademark” in 2000.
However, Best-Lock, a firm that manufactures similar toys to Lego, lodged a legal challenge against the application.
It claimed that the shape of Lego’s miniature men and women relied on being part of a toy that involved “interlocking building blocks for play purposes”, meaning that its trademark application was invalid.
After deciding that the essential elements of Lego’s small figures did not rely on their ability to join to other building blocks, the European court rejected Best-Lock’s appeal.
In a statement, the court said that the characteristics of Lego’s figurines – such as holes in the feet and legs – had no “technical function”.
Lego has faced numerous legal challenges regarding its products.
In 2010, at another EU court case, Mega Bloks – a Canadian competitor – was successful in stopping Lego from registering a red toy building brick as a trademark.
The decision to grant trademark protection for Lego’s small human figures follows Nestlé’s difficulties with a similar case.
This month, the international food and drink manufacturer had hoped to obtain a trademark for the KitKat bar’s shape, but the advocate-general has made it clear that the company’s case does not comply with European law.
While the advocate-general’s decision is not legally binding, it is likely to be followed by judges at the European Court.