Lego - how far can you go?

Thanks also to the IPKat for details of this decision of the Supreme Court of Canada. This considered an attempt by Lego to prevent major competitor Mega Blok from making bricks (if you have/have been a kid you'll know what we're talking about) which look just like the Lego ones. As the patents had expired, the argument was based on passing off. The court came down strongly against Lego, holding that the monopoly had expired, there could be no trade mark (reigstered or unregistered) for the purely functional shape of the brick and the battle should now take place in the market.

The decision considers and observes the Philips v Remington line of cases, in respect of which similar decisions were reached in Canada and the ECJ. Interesting also to note that items which must be the shape they are to be mechanically connected to perform their function are also excluded from protection under European Registered Design - but there is an exception for multiple assembly and modular design - cover flat packs and toy bricks then....