Mega Bloks Wins Supreme Court Battle Against Lego
saskboy writes "Canada's highest court ruled unanimously Thursday that Mega Bloks can continue to sell their Lego styled stackable blocks in Canada.
CBC writes, 'The Supreme Court of Canada decision marks the end of a long-running trademark battle between the Montreal-based Mega Bloks and Denmark's Lego.'"
I always hated Mega Bloks. They are made out of the cheapest plastic, and don't stay together. Even though they may have needed to win (legally) they shouldn't have (quality-wise).
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Lego's invention is very old, and was patented a long time ago.
Patents live only so long. This is for a reason. Granting exclusive monopolies on things forever is not a good idea.
Lego's patent expired, long, long after they had recouped money orders of magnitude beyond what would induce others to attempt to innovate in that industry.
Other people started to make lego-like bricks.
Like a lot of monopolists, Lego became addicted to not having and not suffering competitors. They decided that they wanted to play lawyer games and try to keep others from competing with them rather than follow the law, and pretended that the studs on the bricks that make them work are "trademarked" by them...
The judge basically said, "Look, don't you even try that stunt in here. Your patent expired. The studs on the blocks are a mechanical feature, not a mark. Go away."
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How is this tit-for-tat? Lego is a Danish company.
However, Lego did have patents on the little tube on the underside, which allow more connection combinations. After the stud-tube patents expired, Lego attempted to use the appearance of the bricks as a trademark - losing in litigationin most countries, including the United States. Lego now attempts to frighten companies with the more nebulous "trade dress".
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"Hunh?"
Blackberry was a patent infringement case.
This was a Trademark issue.
The correlation is not analogous.
Please understand the dispute before inflaming arguments.
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