"The Lego brick is not registrable" as an EU trademark, the European Court of Justice ruled. The toy brick consists "exclusively of the shape of goods necessary to obtain a technical result" and can therefore not get the EU- wide protection, said the court.
Lego claims the studs on top of its bricks make them "highly distinctive" and eligible for a trademark. The EU trademark agency said that the toy can't be protected because its shape serves a technical purpose, a decision backed by a lower EU court in 2008.
While Lego won an EU trademark on the blocks' shape in 1999, Mega Brands objected and won, arguing that the shapes of Lego's bricks serve a clear purpose and can't be protected.
The ruling is "disappointing," said Lego a spokeswoman.