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27 May 2020CopyrightSarah Morgan

Lego accuses toymaker of TM infringement

Lego has taken Florida-based  Laser Pegs to court over the sale of figurines, which Lego alleged could be confused with its Minifigure figurines.

In a suit filed on Friday, May 22, at the US District Court for the District of Connecticut, Lego claimed that the construction toymaker was infringing its copyright and trademark rights. Laser Pegs sells construction toys which are illuminated.

“Selling products that infringe the Lego Group’s copyrights and trademarks will allow Laser Pegs to increase its market share and sales, and enable Laser Pegs to establish relationships with customers, and licensors potentially, for whom the Lego Group competes,” claimed Denmark-based Lego, adding that the potential injury to it is “unquantifiable”.

Laser Pegs’ allegedly infringing figurines are “unauthorised reproductions” of Lego’s Minifigures, said the suit, and are “strikingly and substantially similar to the overall look and feel” of the Minifigures.

Lego introduced its Minifigure figurines in 1978 and, since then, more than 120 million have been sold in the US.

The suit added: “The Lego Group’s innovations and products have become so popular and well-recognised that they attract competitors who attempt to capitalise on the Lego Group’s success by copying its innovations and products and preying on the vulnerability of [the] youthful consuming population, instead of developing their own product lines.”

Lego owns copyrights, including registration numbers VA0000655104 and VA0000655230, protecting the 3D sculpture and derivative works of the Minifigure figurine. Lego said it also owns registered trademarks for the figurine, as well as common law trademark rights.

Laser Pegs is also accused of using construction bricks as source identifiers that are confusingly similar to the Lego Group’s ‘Stud’ trademarks (the cylindrical studs on the bricks that are used for connectivity).

Now, Lego is seeking an injunction against Laser Pegs, destruction of the allegedly infringing goods and damages.

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22 January 2020   Lego has won a substantial Chinese copyright judgement after a court upheld all of the first-instance rulings on 18 existing infringement claims, originally handed down in favour of the Danish toymaker against a Chinese rival’s ‘Lepin’ trademark.
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