The Court of Justice has ruled today against the image of Lego’s three dimensional brick shape being registered as a trademark in Europe. The decision comes after an 11 year battle against Lego’s Canadian rival, Mega Brands.

Lego registered its brick as a trademark in the European Union in October 1999, but Lego’s biggest competitor, Mega Brands, objected on the grounds that the shape served a clear purpose.

In principle, any distinctive shape can be registered as a trademark, unless that shape performs a technical function. This European Union rule is in the public’s interest as it prevents companies from using trademark law to secure a monopoly on technical solutions. Despite Lego’s protests their brick is a distinct shape the eight-stud brick has the ability to connect and stack and so is counted as a technical function, which is what let Lego down. Other products such as dishwasher tablets and razors have been denied shape trademark protection in the past for the same reasons.

Shireen Peermohamed, partner at the Intellectual Property practice at Harbottle & Lewis commented noted that “the Court left open the possibility that Lego could take action under unfair competition laws to object to copies of its bricks. Lego's fight may thus not be over completely.”