On January 24, 2024, the General Court of the European Union issued a crucial ruling in case T-537/22, concerning the intellectual property rights of the iconic LEGO play block. Since 2010, LEGO has enjoyed EU protection for its block design:
In 2019, this protection was initially revoked by the EUIPO following a request from the German company Delta Sport Handelskontor, arguing that the design of the block was purely functional. However, in 2021, the General Court annulled this decision, upholding LEGO’s right under the EU Community Design Regulation, which allows for the protection of modular systems (Art. 8(3) Regulation (EC) No 6/2002).
Delta Sport Handelskontor’s subsequent appeal in 2022 was dismissed by the General Court, stating that a design can only be invalidated if all its features are excluded from protection. The Court also emphasises that Delta Sport Handelskontor has failed to demonstrate that the design of the LEGO block did not meet the criteria for protection under the modular systems exception of the regulation.
