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© provided by Wirtschaftswoche Lego, the three-dimensional representation of the well-known toy figure with and without Soppere on the head had already been protected in Europe in 2000. Photo: Dpadata portal copyright =
in the fight against a Paderborn toy manufacturer, Lego has won the legal dispute. The Chinese copy must not be sold further.
The toy manufacturer LEGO has achieved legal success in the fight against Chinese copies of its mini characters. On Friday, the Düsseldorf district court prohibited a Paderborn toy dealer the sale of certain competitive products from China because their design violates the brand rights of the Danish company.
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The presiding judge of the 8th Chamber for Commercial Matters at the Düsseldorf District Court, Wilko Seifert, said that the controversial characters all had some formal differences to Lego products. However, the overall impression of the figures in all cases lies too close to the Lego product protected under trademark law. It is important for trademark law how an average consumer perceives the product - and comparisons not details, but the overall picture.
The judgment prohibits the Paderborn dealer, who had sold the characters of Chinese manufacturers, the further sale of the products and obliges him to provide LEGO information about the quantities already sold. In addition, he has to publish all the existing products that are still available to the Danish company affected by the judgment.
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The dealer has been selling products from Lego competitor in his shop and an online shop for three years - mostly from China. On his website he advertises: “There are good and cheap alternatives to the market leader. The clamping blocks of these manufacturers are 100 percent compatible with the common building blocks, but offer an even greater diversity. ”
The dispute with the Danish toy giant, which made sales of 7 billion euros in the world last year, inflamed a few Figures that were included in the Lego competitors' sets.
LEGO had the three-dimensional representation of the well-known toy figure protected and without nopping on the head in 2000 across Europe. The Paderborn dealer asserted that he had deliberately taken care that the figures he sold did not violate the brand. And he even had controversial figures removed from the packs by the Chinese manufacturers in his eyes. However, the dealer could not prevent a legal defeat.
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