New step for past commented decision

On November 12, 2008, the CFI confirmed the partial cancellation of the Lego brick for construction toys. The Court regarded as pointless the addition of non-essential characteristics having no technical function.

The objective appreciation excludes perception through the sole target consumer. At this stage, the fighting margin of LEGO was limited to law considerations but the decision still shows the strict approach of Community case law as to 3D trademarks.

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