Court of Justice ruling: the 3D Union trademark of the LEGO minifigure remains in force
BB Services GmbH (which is behind the building block brands Bluebrixx and Modbrix) has failed to declare the 3D Union trademark of the LEGO minifigure invalid in its appeal to the European Court of Justice. The court's detailed reasons for its judgment are now available. In concrete terms, BB Services GmbH's lawsuit was heard against the European Patent Office (EUIPO), which had refused to cancel the EU trademark. The LEGO Group acted as a so-called intervener in the legal dispute.
According to the judgment, BB Services GmbH wanted to quash the EUIPO decision and have the registered 3D Union trademark of the LEGO minifigure declared null and void (invalid) at the European Court of Justice. In addition, EUIPO must pay the costs of the procedure. However, the judges did not follow the request. They dismissed the lawsuit. In addition, BB Services GmbH must bear the costs.
Good decision for LEGO fans?
So far so good – or not? Because if you take a closer look at the reasons for the judgment of the European Court of Justice, you will see that the judges mainly commented on the essential parts of the LEGO minifigure and its technical characteristics.
If you believe the conclusion of the clamp portal justbricks.de, the latest statement should be “groundbreaking” for all alternative manufacturers. Citing the European Court of Justice, it would be easier for them to market or retail their own figures in the future.
The 3D Union trademark of the LEGO minifigure remains protected
Whether this will be the case in practice remains to be seen. The LEGO Group will certainly continue to do nothing to ensure that what is arguably its most valuable brand remains protected.
By way of explanation: at EU level there is the European Court of Justice (ECJ) and within that the European Court of First Instance (ECJ). The European Court of First Instance has jurisdiction over certain classes of actions and actions brought by natural and legal persons. Decisions can be appealed, limited to legal issues; The seat of these two courts is Luxembourg. For clarity, the article has been edited accordingly.