Published: April 28, 2021
Verifier
Aliona Saalo
Brann AB Stockholm, Sweden INTA Bulletins—Europe Subcommittee
The General Court of the European Union (GC) has ruled that a Community design registered by Lego for building blocks from a toy building set in 2010 remains registered (judgment of March 24, 2021, Case T-515/19). With its judgment, the GC overruled a prior decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO).
Lego is the proprietor of the following Community design, registered since February 2, 2010, under registration number 1664368‑0006 in relation to building blocks from a toy building set:
The company Delta Sport Handelskontor applied for a declaration of invalidity of this Community design. The Board of Appeal of EUIPO found in 2019, that the features of appearance of the product covered by the design were solely dictated by the technical function of the product. It declared the design invalid and Lego brought proceedings before the GC seeking an annulment of that decision.