LEGO Building Blocks Final

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    BUILDING BLOCKS

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    The LEGOBrick / Toy of the Century

    On the verge of the 21st Century, the LEGO Brickwas voted Toy of the Century, first by FortuneMagazine, later by the British Association of ToyRetailers.

    Today the LEGO Group is the fourth-largest toy

    company in terms of sales and its products are amongthe best-known and the most loved in the world.

    LEGO System of Play

    During the late 1940s plastic bricks became part of theLEGO assortment and in 1955 the LEGO Grouplaunched its revolutionary LEGO System of Play with

    the first Play and Learn concept.

    This led to further development of the plastic bricksand in 1958 the LEGO brick was launched with its nowclassic knob-and-tube coupling system.

    The famous 1958 patent, the LEGO patent, concerns

    the tubes only.

    Inventing the Wheel

    In 1962 the wheel was re-invented and experimentswith electric motors began.

    In 1966 the first LEGO train with accompanying rails

    and a 4.5-volt motor for propulsion was introduced.

    The LEGO Technic range was introduced in 1977.

    Big Bricks for Small Hands

    In the late 1960s, LEGO DUPLO was launched togive the youngest children a chance to play with

    LEGO products.

    The DUPLO bricks are twice as big in eachdimension as ordinary LEGO bricks and are thereforeeasier for young hands to handle.

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    Children around the world spend 5billion hours every year playing withLEGO elements.

    When molding LEGO elements the

    tolerance of accuracy is 10 my (0.01mm).

    Approx. seven LEGO sets are soldeach second.

    There are 915.103.765 different waysof combining six 2x4 bricks of the samecolor.

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    The LEGO standard toy building sets have been subjected to several parallel patents.

    There are three British Patents Specifications for the Lego brick.

    The first two patents were not applied for by the LEGO Group but by Harry Fisher Page

    who was never involved in LEGO.

    Harry Fisher Page went on to found the Kiddicraft Bricks which were never really

    successful on the British market.

    Those bricks inspired Ole Kirk Christiansen and Godtfred Kirk Christiansen to make their

    first plastic building bricks.

    The Kiddicraft owners did not mind the LEGO Bricks being introduced to the British

    market since they had stopped producing their bricks around year 1950.

    The LEGO Group bought all rights to the Kiddicraft Bricks in 1981.

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    Patent specification No.: British Patent No. 529,580

    Year : 1939

    Applied by: Harry Fisher Page

    Description of patent: The patent describes an invention consistingof a toy building set with a plurality of hollow

    bricks which are open at one face and

    provided with symmetrically disposed bosses

    or projections on the face opposite to the

    open face. The bosses are disposed as to

    engage within the inner surfaces of the lateral

    walls of a superimposed brick and to prevent

    lateral movement.

    The brick disclosed in the patent specifications and the

    accompanying drawings is of cubical form with round nooks and hasfour bosses on the upper side.

    Each boss of this cubically formed embodiment is arranged within a

    square quarter section of the cube face. 5

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    Patent specification No.: British Patent No. 587,206

    Year : 1944

    Applied by: Harry Fisher Page

    Description of patent: This patent also describes an

    invention of a toy building set with a

    plurality of hollow bricks which are

    open at one face and provided with

    bosses or projections on the

    opposite face.

    This invention comprises a building brick with two longitudinal rows of bosses,

    where there are more than two bosses in each row, symmetrically disposed on theupper side.

    The number of bosses in each row shall be in correspondence with the length of

    the brick.

    The bosses are arranged in transverse pairs.

    The overall dimension over each pair of bosses closely approximates to the width

    of the cavity in the brick. 6

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    Patent specification

    No.:

    British Patent No. 866,557

    Year : 1958

    Applied by: INTERLEGO AGDescription of patent: The present Patent Specification describes

    hollow toy building bricks provided not only with

    primary projections but also with inwardly

    extending projections, i.e. secondary

    projections,within the cavity of the bricks.The technical problem to be solved by the

    present invention according to the inventor is

    the problem of providing improved coupling

    means for interlocking adjacent blocks in a

    variety ofcombinations

    Hence the principal object of the invention is to provide improved

    coupling means for holding the bricks together when they are being

    assembled in various ways.

    The projections can be of various shapes but, according to the

    inventor, in a preferred embodiment both the primary and the

    secondary projections are of cylindrical shape7

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    THE LEGO GROUP TRADEMARKS

    LEGO LEGO LAND DUPLO

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    First trademark: LEGO was registered as a trademark

    in Denmark in 1954.

    Registration Number: 1248936

    Serial Number: 73369522

    The Mark: The word LEGO IN Capital letters

    International Class: 016

    Current Status: The registration has been renewed.

    Date of Status: 10-12-2003

    Last Applicant/Owner of

    records:

    LEGO JURIS A/S

    Country of Incorporation: Denmark

    LEGO Iis a registered trademark used for the

    building blocks, series of instruction books, symbols,storage boxes, play tables and chairs.

    The Basic LEGO Brick has been granted protection

    through trademark registration in some countries

    other than Denmark. LEGO succeeded to register

    its brick in for instance France and Switzerland.

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    It was in 1934 that the LEGO Groups trade name LEGO

    was coined by the Company founder Ole Kirk.

    A trade name is also a brand. The Company has the goal

    of becoming the strongest brand in the awareness of

    families with children.

    Trade names must distinguish the business from that of

    others.

    In Sweden for example, trade names are protected

    under the Swedish Trade Names Act..

    According to the independent research institute Young& Rubicam the LEGO Group was the sixth best known

    brand in the world among families with children in the

    0 - 11 age group in 2003.

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    All of these are covered by copyright regardless of format,

    whether printed, electronic or other.

    The copyrighted materials are too numerous to specifically

    list. LEGO Copyrights includes all documentation for LEGOand LEGO MINDSTORMS

    They include all written materials,designs,

    Products

    Photographs and Graphic images

    Advertising materials

    software, web information

    Rules and handbooks,

    any other written, artistic,

    musical, and visual materials

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    Legal rights as well as common regard for fair play are increasingly violated bycopyists in their attempts to mislead consumers by trading on the reputation ofwell-established products and trademarks.

    Generally, the LEGO Group has focus on these major areas:

    1. Policing Rights

    2. Misuse of Trademarks

    3. Attempted Association with the LEGO

    Group by unrelated parties

    4. Product Copying

    5. License and Co-Promotion

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    Correct use of trademarks protects ourrights, whereas incorrect use leads todilution and eventually loss of rights.

    In order to emphasize further thetrademark status LEGO insert either thesymbol (for registered trademark) orthe symbol (for pending/unregistered

    trademark).

    When using the symbols a legal line(an explanatory note) is placed on thesaid material. An example of a legal lineis:

    LEGO and the LEGO logo aretrademarks of the LEGO Group.

    The following copyright notice is used on allmaterials just below the legal line, e.g.

    201x The LEGO Group

    Trademarks and company names are twodifferent things.

    A trademark can be part of a company nameor may even be the same as a companyname.

    This is the case in the LEGO Group. Most oftheir companies have the word LEGO in their

    name.

    Please note that the symbol is NOT usedunder any circumstances in company namessuch as e.g. the LEGO Group, LEGO SystemA/S, etc.

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    Product names, logos and product shapes which obviously imitate the LEGOGroups registered trademarks are frequently used to mislead consumers intothinking that they are buying genuine LEGO products.

    Their policy is to protect, maintain and defend our trademark rights in the bestpossible way thus the LEGO Group has established a number of clear rules forthe proper use of its trademarks.

    The LEGO trademark is considered a famous trademark in a number ofjurisdictions.

    It means that the LEGO trademark has the widest possible protection, i.e. forall goods and services, and that they should be able to prevent others fromusing the LEGO trademark, not just for toys, but for any goods.

    Above to the left are some examples of the trademarks of the LEGOGroup. They are not to be copied, depicted or used in any way without theprior consent of the LEGO Group.

    To the right examples of imitations of the LEGO logo made to deceive the

    buyer or to create a false association with the LEGO Group. 14

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    Misuse of Trademarks in Domain Names and on the Internet

    LEGO Group actively seek to prevent misuse of the LEGO trademarks and any confusionas to whether it sponsors or authorizes unofficial and/or unlicensed sites.

    For this reason, certain guidelines have been developed to outline the proper use of theLEGO Groups registered trademarks and copyrighted material in domain names and

    websites.

    Domain Names

    Use of a LEGO trademark in a domain name is an infringement of LEGO trademark rights.Further to this, it is highly likely that an observer will make the mistaken presumption that

    the site is in some way related to, sponsored or endorsed by the LEGO Group.

    As a consequence, LEGO trademarks cannot be incorporated in domain names.

    This restriction applies to all registered LEGO trademarks, such as but not limited to;LEGO, MINDSTORMS, DUPLO and LEGOLAND.

    Use in Unofficial Websites

    The red LEGO logo may never be used on any unofficial website.

    However, in connection with sales of genuine LEGO products e-retailers can obtainpermission to use the LEGO logo in a non-prominent way.

    They permit very limited reproduction of their copyrighted material on websites.Copyrighted material, may be used for non-commercial purposes. The copyrightedmaterial used should be unaltered and must be limited to extracts only. Typically,permissions to use of copyrighted material in an educational context are granted andsellers, in general, can show photos of the LEGO sets/packaging sold on the website.

    Finally, because the LEGO Group licenses the right to use certain copyrighted materialto third parties, other restrictions may apply to the use of this material on unofficialwebsites.

    The same rules and guidelines apply to sites/domains belonging to fans of the LEGObrand.

    Disclaimers

    Disclaimers should be included in any non-official site making use of any LEGOtrademarks and/or copyrighted material in order to ensure that the site is not mistakenlyseen as affiliated, authorized or sponsored by the LEGO Group.

    For any LEGO trademark appearing on a page, the following disclaimer is

    appropriate:

    LEGO is a trademark of the LEGO Group, which does not sponsor, authorize orendorse this web site.

    The disclaimer should include a reference to all LEGO trademarks that are included on

    the site. For any copyrighted material used, the following copyright line should beincluded:201x The LEGO Group.All Rights Reserved.

    This copyright line must be included under any copyrighted material and the year usedmust be the year of actual publication of the material displayed.

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    Attempted Association with the LEGO Group byunrelated parties

    The name and the red square LEGO logo are instantly identifiable, and the

    general public associates any products bearing our trademarks and copyrightswith the LEGO Group.

    The attempts of others to gain a reputation by associating their unrelated,unauthorized or unlicensed products with the LEGO Group may enhance theircommercial prospects, but if used without their permission, may constitute

    trademark or copyright infringement.

    Unrelated third parties are not permitted to use trademarks or copyrights of theLEGO Group for their own commercial or marketing purposes, unless formalpermission or a written license has been granted by the LEGO Group.

    The LEGO Group has implemented a general policy against the use oftheir name, products and logos by business associates, e.g. suppliers,in their own advertising.

    They allow business associates to include their company name on areference list.

    However, only books which have been officially endorsed and/orlicensed by the LEGO Group are allowed to use the LEGO logo, the 2x4brick and knob configuration, or the minifigure anywhere on or in thebook or publication.

    Official endorsement comes through a formal agreement with theLEGO Group.

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    Some copyists take the final step by simply reproducing the LEGOpackaging.

    To the buyer an adult or even a child a LEGO building set consists of buildingelements, the packaging with its illustrations and detailed building instructions.

    They oppose copying and manufacture of close look-alikes of our elements,packaging and marketing material.

    The LEGO logo is the consumers guarantee that they have bought a genuineLEGO product.

    Even less tangible is the process known as post sale confusion.

    The most universally recognized distinguishing feature of our products (apart fromthe LEGO logo and name) is the LEGO knobs. In its carefully developed form, the tinyknob has become a famous symbol of the LEGO Group.

    Few examples of product copying

    LEGO PRODUCTS COPY PRODUCTS

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    The first LEGOStar Wars products were marketed in 1999.

    This was the first time the LEGO Group decided to license a story into the LEGO world andLEGO StarWarsproducts have been a success.

    Since then several licensed LEGO products have been marketed, such as Harry Potter,Winnie the Pooh and Toy Story.

    From time to time, the LEGO Group cooperates with other companies that areknown and respected leaders in their line of business. This is done both bygranting licenses and in co-promotional initiatives.

    It only happens when both parties stand to benefit from the effort and aftercarefully choosing playmates whose products or services are suitable for aLEGO license product or for co-promotion with LEGO products.

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    CASE 1: Lego vs. Mega Brands Toy Bricks (January 18, 2012)

    MEGA Brands, the worlds second largest construction toy company, has filed a

    lawsuit against LEGO, accusing its Danish rival of anti-competitive practices.

    The company said it US intended to restrict the importation of certain MEGAproducts, which have been sold in the US for 20 years.

    MEGA filed an action in a US District Court in California seeking to invalidate LEGOs

    1999 functional US trademark and ask for an injunction to ensure its US imports are not

    affected.

    . It accuses LEGO of attempting to enforce a patent that expired more than 20 years

    ago.

    The case is still pending for decision.

    The war between LEGO and MEGA has gone on for some time, with MEGA

    winning about 15 cases to date launched by LEGO around the world.

    LEGO accused MEGA Brands of passing off its micro bricks as LEGO bricks, but

    eventually lost its case and appeal in court.

    In 2010, the European Court of Justice turned down an appeal by LEGO of a

    court decision saying that its plastic stackable brick cannot be trademarked.

    LEGO has said it is worried that consumers are misled by imitators of the iconic

    plastic block.

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    CASE 2 : Lego vs. Tyco Inc.

    It was a case in copyright law that originated in Hong Kong that eventually went

    before the Judicial Committee of the Privy Council in the United Kingdom.

    The plaintiff, Interlego AG, sued the defendant, Tyco Industries, for copyright

    infringement of its Lego bricks.

    However, it had previously registered its design.

    Under section 10 of the Copyright Act 1956, the right to protection as a registered

    design and copyright were not cumulative rights. The copyright was also a stronger

    right than the right to protection as a registered design. It had a longer duration.

    Thus the plaintiff also moved for the court to determine that its bricks did not qualify

    for design protection under section 10 of the Copyright Act, so that they could qualify

    for copyright protection.

    In order to extend protection under the Copyright Act, the plaintiff argued that it had

    made revisions to its design drawings, and that as such they comprised original artistic

    works.

    The court held that the bricks qualified for registered design protection, and thus didnot qualify for copyright protection.

    The court further held that design drawings were a combination of both artistic and

    literary works. The written matter on such a drawing comprised the literary matter, and

    the graphics the artistic matter.

    The only changes made to the drawings were alterations to some radii and to the

    dimensions of some elements.

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    CASE 3: Lego vs. Smart Bricks Inc.

    Smart Blocks, are noted for their building blocks that feature six built-in depressible

    pins.

    The toys are marketed in seven different colors and have a variety of themes thatappeal to children.

    Smart Blocks had a shipment worth close to $200,000 blocked by U.S. Customs at

    the Los Angeles/Long Beach Port in July because there was a trademark issue with

    Lego.

    . Two months later, the shipment was still on stall and there were no signs it would

    be released. The company ended up paying thousands of dollars for detention and

    storage courtesy of U.S. Customs.

    Lego was saying Smart Blocks packaging is infringing on their trademark. Smart

    Blocks says they are not.

    Smart Blocks is asking the federal court to declare its packaging and products arenot infringing on Legos trademark and they want Lego to stop saying that they are.

    In addition, they also want their shipment released and the cancelation of several

    Lego trademarks because they are generic or invalid.

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    THE LEGO BRICK IN THE BORDERZONE BETWEEN FORMS OF PROTECTION

    By Jenny Lundahl

    http://www.aim.be/Documents/Misc/lego_aware.pdf

    http://www.lego.com/en-us/Default.aspx

    http://aboutus.lego.com/en-us/legal-notice/

    FairPlayBrochure.Pdf

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    By:

    Sanchari Dutta (Roll No. 13)

    Rittika Debnath (Roll No. 19)

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