Found this really hard to get my head round. That good old kiddies favourite, Lego has been told by the European Court that its 1996 Trademark of an 8 studded red brick, is now invalid.
Rival manafacturer "Megabrands" challenged the trademark, and this was backed up by European Court of Justice "that protecting the shape and function of a product would reduce the opportunities for rival manufacturers to use them"
Thought that was the idea of a trademark!
Poor old Lego
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