BUILDING BLOCKS

The LEGO Brick / Toy of the Century Inventing the Wheel 21st Century, the LEGO Brick On the verge of the was voted Toy of the Century, first by Fortune In 1962 the wheel was re-invented and experiments Magazine, later by the British Association of Toy with electric Retailers. motors began. In 1966 the first LEGO train is the fourth-largest toy Today the LEGO Group with accompanying rails and a 4.5-volt motor for propulsion was introduced. company in terms of sales and its products are among the best-known and the most loved in the world. The LEGO Technic range was introduced in 1977. LEGO System of Play Big Bricks for Small Hands During the late 1940s plastic bricks became part of the In the assortment and DUPLO was launched to LEGO late 1960s, LEGOin 1955 the LEGO Group give the youngest children a chance to play with launched its revolutionary LEGO System of Play with LEGO products. the first Play and Learn concept. The led to further development of the plastic each This DUPLO bricks are twice as big in bricks dimension as ordinary brick bricks and are therefore and in 1958 the LEGOLEGOwas launched with its now easier knob-and-tube to handle. classicfor young handscoupling system. The famous 1958 patent, the LEGO patent, concerns the tubes only.
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Children around the world spend 5 billion hours every year playing with LEGO elements. When molding LEGO elements the tolerance of accuracy is 10 my (0.01 mm). Approx. seven LEGO sets are sold each second. There are 915.103.765 different ways of combining six 2x4 bricks of the same color.

The LEGO standard toy building sets have been subjected to several parallel patents. There are three British Patents Specifications for the Lego brick. The first two patents were not applied for by the LEGO Group but by Harry Fisher Page who was never involved in LEGO.

Harry Fisher Page went on to found the Kiddicraft Bricks which were never really successful on the British market.
Those bricks inspired Ole Kirk Christiansen and Godtfred Kirk Christiansen to make their first plastic building bricks. The Kiddicraft owners did not mind the LEGO Bricks being introduced to the British market since they had stopped producing their bricks around year 1950. The LEGO Group bought all rights to the Kiddicraft Bricks in 1981.
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The patent describes an invention consisting of a toy building set with a plurality of hollow bricks which are open at one face and provided with symmetrically disposed bosses The brick disclosed inor the patent the face opposite andthethe projections on specifications to accompanying drawings is of cubical form bossesround nooks and has open face. The with are disposed as to engage within the inner surfaces of the lateral four bosses on the upper side. walls of a superimposed brick and to prevent lateral movement.
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Patent specification No.: Year : Applied by: Description of patent:

British Patent No. 529,580 1939 Harry Fisher Page

Each boss of this cubically formed embodiment is arranged within a square quarter section of the cube face.

British Patent No. 587,206 1944 Harry Fisher Page This patent also describes an invention of a toy building set with a plurality of hollow bricks which are This invention comprises a building brick with two longitudinal rows of bosses, open each row, symmetrically disposed on where there are more than two bosses inat one face and provided with the bosses or projections on the upper side. The number of bosses in each row shall be face. opposite in correspondence with the length of
the brick. The bosses are arranged in transverse pairs. The overall dimension over each pair of bosses closely approximates to the width 6 of the cavity in the brick.

Patent specification No.: Year : Applied by: Description of patent:

Patent specification No.: Year : Applied by:

British Patent No. 866,557 1958 INTERLEGO AG

The present Patent Specification describes Description of patent: hollow toy Hence the principal object of the building bricks provided not only with invention is to provide improved primary projections but also with inwardly coupling means for holding the bricks projections, when they are being together extending i.e. secondary assembled in various ways.projections, within the cavity of the bricks. The technical problem to be solved by the The projections can be present invention according to the inventor the of various shapes but, according to is inventor, in a preferred the problem ofboth the improved coupling embodiment providing primary and the means for interlocking adjacent blocks in a secondary projections are of cylindrical shape variety of combinations
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THE LEGO GROUP TRADEMARKS

LEGO

LEGO LAND

DUPLO

First trademark:

LEGO was registered as a trademark in Denmark in 1954. Registration Number: Brick has been granted protection 1248936 The Basic LEGO LEGO Iis trademark registration in some countries through a registered trademark used for the Serial Number: 73369522 building blocks, series of instruction books, symbols, LEGO succeeded to register The other than Denmark. The word LEGO IN Capital letters Mark:

storage boxes, play tables and chairs. its brick in for International Class: instance France and Switzerland. 016
Current Status: Date of Status:

The registration has been renewed. 10-12-2003

Last Applicant/Owner of LEGO JURIS A/S records: Country of Incorporation: Denmark

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It was in 1934 that the LEGO Groups trade name LEGO According to the independent research institute Young was coined by the Company founder Ole Kirk. & Rubicam the LEGO Group was the sixth best known brand in the world among families with children in goal A trade name is also a brand. The Company has thethe 0 becoming the in 2003. brand in the awareness of - 11 age group strongest of families with children. Trade names must distinguish the business from that of others. In Sweden for example, trade names are protected under the Swedish Trade Names Act..
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The copyrighted materials are too numerous to specifically list. LEGO Copyrights includes all documentation for LEGO and LEGO MINDSTORMS

They include all written materials, All of these are covered designs, by copyright regardless of format, whether printed, electronicProducts or other. Photographs and Graphic images Advertising materials software, web information Rules and handbooks, any other written, artistic, musical, and visual materials
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Legal rights as well as common regard for fair play are increasingly violated by copyists in their attempts to mislead consumers by trading on the reputation of well-established products and trademarks. Generally, the LEGO Group has focus on these major areas:

1. Policing Rights
2. Misuse of Trademarks 3. Attempted Association with the LEGO Group by unrelated parties 4. Product Copying 5. License and Co-Promotion
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The following of trademarks protectson all Correct use copyright notice is used our materials just below the legal line, e.g. rights, whereas incorrect use leads to 201x The LEGO Group

dilution and eventually loss of rights.

Trademarks and company names are two In order to emphasize further the different things.

trademark status LEGO insert either the A trademark can be part of a company name symbol (for registered trademark) or or may evenbe thepending/unregistered the symbol (for same as a company name. trademark).
This is the case in the LEGO Group. Most of When using have symbols LEGO in line their companies the the word a legal their (an explanatory note) is placed on the name.

said material. An example of a legal line is: Please note that the symbol is NOT used
under any circumstances in company names such as e.g. the the LEGO LEGO System LEGO and LEGO Group, logo are A/S, etc. trademarks of the LEGO Group.
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Product names, logos and product shapes which obviously imitate the LEGO Groups registered trademarks are frequently used to mislead consumers into thinking that they are buying genuine LEGO products. Their policy is to protect, maintain and defend our trademark rights in the best possible way thus the LEGO Group has established a number of clear rules for the proper use of its trademarks. The LEGO trademark is considered a famous trademark in a number of jurisdictions. ItAbove to the left are some examples of widest possible protection, i.e. for means that the LEGO trademark has the the trademarks of the LEGO all Group. and services,to be copied, depicted or used into preventwithout the goods They are not and that they should be able any way others from using the LEGO trademark, not just for toys, but for any goods. prior consent of the LEGO Group. To the right examples of imitations of the LEGO logo made to deceive the buyer or to create a false association with the LEGO Group.

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Disclaimers MisuseUnofficial Websites Use in of Trademarks in Domain Names and on the Internet Disclaimers should be included in any non-official site making use of any LEGO LEGO Group actively seek to prevent misuse ofunofficial website. The red LEGO logo may never be used on any the LEGO trademarks and any confusion trademarks and/or copyrighted material in order to ensure that the site as to whether it sponsors or authorizes unofficial and/or unlicensed sites.is not mistakenly seen as affiliated, authorized sales of genuine LEGO products However, in connection with or sponsored by the LEGO Group. e-retailers can obtain For this reason, certain guidelines have been developed to outline the proper use of the permission to use the LEGO logo in a non-prominent way. For Groups registered trademarks and on a page, the following disclaimer is LEGO any LEGO trademark appearing copyrighted material in domain names and appropriate: websites. They permit very limited reproduction of their copyrighted material on websites. Copyrighted material, may be used for non-commercial purposes. The copyrighted LEGO used should be unaltered and must be limited not sponsor, authorize or Domain is a trademark of the LEGO Group, which doesto extracts only. Typically, material Names endorse this use of copyrighted material in an educational context are granted and permissions to web site. Use of a LEGO trademark in photos of the LEGO sets/packaging sold on trademark rights. sellers, in general, can show a domain name is an infringement of LEGO the website. The disclaimer is highly likely a reference to all LEGO trademarks that are included on Further to this, it should include that an observer will make the mistaken presumption that the site. For any copyrighted sponsored or the following LEGO Group. the site is in somethe LEGO Group licenses the endorsed bycertain copyrightedshould be Finally, because way related to,material used,right to use thecopyright line material included: to third parties, other restrictions may apply to the use of this material on unofficial 201x The LEGO Group. As a consequence, LEGO trademarks cannot be incorporated in domain names. websites. All Rights Reserved. This restriction applies to all registered sites/domains belonging to fans of the LEGOto; The same rules and guidelines apply to LEGO trademarks, such as but not limited This copyright line must be included under any copyrighted material and the year used LEGO, MINDSTORMS, DUPLO and LEGOLAND. brand. must be the year of actual publication of the material displayed.
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Attempted Association with general policy against the use of The LEGO Group has implemented a the LEGO Group by unrelated products and logos by business associates, e.g. suppliers, their name, parties
in their own advertising.
The name and the red square LEGO logo are instantly identifiable, and the generalallow business associates to bearing our trademarks and copyrights They public associates any products include their company name on a with the LEGO Group.

reference list.

The attempts of others to gain a reputation by associating their unrelated, However, only books which have the LEGO Group endorsed and/or unauthorized or unlicensed products with been officially may enhance their licensed by prospects, but if used allowed their permission, may constitute commercial the LEGO Group are without to use the LEGO logo, the 2x4 brick and or copyright infringement. the minifigure anywhere on or in the trademark knob configuration, or

book or publication.
Unrelated third parties are not permitted to use trademarks or copyrights of the LEGO Group for their own commercial or marketing purposes, unless formal Official endorsement comes through a formal agreement with the permission or a written license has been granted by the LEGO Group. LEGO Group.
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Some copyists take the final step by simplyCOPY PRODUCTSthe LEGO reproducing packaging.

LEGO PRODUCTS

To the buyer an adult or even a child a LEGO building set consists of building elements, the packaging with its illustrations and detailed building instructions.
They oppose copying and manufacture of close look-alikes of our elements, packaging and marketing material.

The LEGO logo is the consumers guarantee that they have bought a genuine LEGO product.
Even less tangible is the process known as post sale confusion. The most universally recognized distinguishing feature of our products (apart from the LEGO logo and name) is the LEGO knobs. In its carefully developed form, the tiny knob has become a famous symbol of the LEGO Group.

Few examples of product copying

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The first LEGO Star Wars products were marketed in 1999. This was the first time the LEGO Group decided to license a story into the LEGO world and LEGO Star Wars products have been a success. Since then several licensed LEGO products have been marketed, such as Harry Potter, Winnie the Pooh and Toy Story.

From time to time, the LEGO Group cooperates with other companies that are known and respected leaders in their line of business. This is done both by granting licenses and in co-promotional initiatives. It only happens when both parties stand to benefit from the effort and after carefully choosing playmates whose products or services are suitable for a LEGO license product or for co-promotion with LEGO products.

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CASE 1: Lego vs. Mega Brands Toy Bricks (January 18, 2012)
MEGA Brands, the worlds second largest construction toy company, has filed a lawsuit against LEGO, accusing its Danish rival of anti-competitive practices. The war between LEGO and MEGA has gone on for some time, with MEGA winning about 15 it US intended to by LEGO around the world. The company saidcases to date launchedrestrict the importation of certain MEGA

products, which have been sold in the US for 20 years. LEGO accused MEGA Brands of passing off its micro bricks as LEGO bricks, but eventually an its case a US District Court MEGA filed lostaction inand appeal in court. in California seeking to invalidate LEGOs
1999 functional US trademark and ask for an injunction to ensure its US imports are not In affected.2010, the European Court of Justice turned down an appeal by LEGO of a court decision saying that its plastic stackable brick cannot be trademarked. . It accuses LEGO of attempting to enforce a patent that expired more than 20 years LEGO has said it is worried that consumers are misled by imitators of the iconic ago. plastic block. The case is still pending for decision.
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CASE 2 : Lego vs. Tyco Inc.

It was a to extendcopyright law thatthe Copyright Act, theKong that eventuallyitwent In order case in protection under originated in Hong plaintiff argued that had beforerevisions to its design drawings, and Council such they comprised original artistic made the Judicial Committee of the Privy that as in the United Kingdom. works. The plaintiff, Interlego AG, sued the defendant, Tyco Industries, for copyright infringement of its Lego bricks. qualified for registered design protection, and thus did The court held that the bricks not qualify for copyright protection. However, it had previously registered its design. The court further held that design drawings were a combination of both artistic and Under section 10 of the matter on such 1956, the right to protection as a registered literary works. The written Copyright Act a drawing comprised the literary matter, and design and copyright were not cumulative rights. The copyright was also a stronger the graphics the artistic matter. right than the right to protection as a registered design. It had a longer duration. The only changes made to the drawings were alterations to some radii and to the Thus the plaintiff also moved for the court to determine that its bricks did not qualify dimensions of some elements. for design protection under section 10 of the Copyright Act, so that they could qualify for copyright protection.
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CASE 3: Lego vs. Smart Bricks Inc.

Lego Blocks, are Smart Blocks building is infringing on their trademark. Smart Smartwas saying noted for theirpackagingblocks that feature six built-in depressible Blocks pins. says they are not. Smart Blocks is asking in federal court colors and have a variety of themes are The toys are marketed theseven differentto declare its packaging and productsthat not infringing on Legos trademark and they want Lego to stop saying that they are. appeal to children. In addition, they a shipment worth close released and the cancelation of several Smart Blocks hadalso want their shipment to $200,000 blocked by U.S. Customs at Lego trademarks because they are in July or invalid. the Los Angeles/Long Beach Port generic because there was a trademark issue with Lego. . Two months later, the shipment was still on stall and there were no signs it would be released. The company ended up paying thousands of dollars for detention and storage courtesy of U.S. Customs.

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THE LEGO BRICK IN THE BORDERZONE BETWEEN FORMS OF PROTECTION By Jenny Lundahl http://www.aim.be/Documents/Misc/lego_aware.pdf http://www.lego.com/en-us/Default.aspx http://aboutus.lego.com/en-us/legal-notice/ FairPlayBrochure.Pdf

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By:
Sanchari Dutta (Roll No. 13) Rittika Debnath (Roll No. 19)
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