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12 March 2015Copyright

ITC to investigate Mega Brands following Lego complaint

The US International Trade Commission (ITC) has agreed to investigate three companies including Mega Brands that children’s toy brand Lego has accused of patent and copyright infringement.

In a statement on Wednesday (March 11), the ITC said it will launch a section 337 investigation into LaRose Industries and Best-Lock Construction Toys, both based in the US, and Canada-based Mega Brands.

According to the complaint, LaRose and Best-Lock manufacture their products in China, while Mega Brands, a subsidiary of toy maker Mattel, has its manufacturing base in Canada.

Denmark-based Lego filed the request for an investigation on February 6 this year.

Lego alleged that certain toy figurines and sets manufactured by the companies infringed four design patents, as well as its registered copyright, and claimed that the toys were subsequently imported into the US.

Lego’s complaint related to the ornamental design of the ‘Lego Friends’ line of figurines, introduced by the company in 2012, and targeted the ‘Lite Brix’ range made by LaRose, Mega Brands’s ‘My Life As’ range, and the ‘Fairy Tale High’ figurines made by Best-Lock.

Lego claimed that the imported figurines are “strikingly and substantially similar” and have a similar overall look and feel to its own.

The company added that the “torso, arms, head, legs and feet” of the accused figurines are “nearly the exact dimension and proportions” as those outlined in the asserted patents and copyright.

Should the ITC find in its favour, Lego has requested that an exclusion order be placed on the companies.

In a statement confirming the investigation, the ITC said: “By instituting this investigation, the ITC has not yet made any decision on the merits of the case.”

The ITC added that it will assign an administrative law judge (ALJ) to the case, who will schedule an evidentiary hearing.

“The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review,” the ITC’s statement said.

The ITC sets a target for completing investigations within 45 days after they start.

Section 337 orders become final 60 days after they are issued unless revoked by the US Trade Representative within that period.

LaRose, Mega Brands and Best-Lock did not respond to a request for comment.

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