000130844

• ›Applicant (KGW UG) challenged LEGO building block design for lack of individual character over earlier LEGO block part 6123809 (from set 60214, disclosed on YouTube on 03/01/2019); argued both designs share identical compact cuboid shape, 2×2 upper stud arrangement, and plain surfaces, with the only difference being two side-wall studs per side on the contested design — a minor repetition insufficient to change the overall impression.
• ›Holder argued the side-wall hollow studs (8 total in contested design vs 4 in prior art) are prominent and visually transformative, making the contested design appear bulkier and more cubic; also submitted that the prior art lacked an underside view, leaving further differences unexcluded.
• ›Division found designer freedom not severely restricted by interoperability requirements; under Article 8(3) EUDR (modular systems), interconnection features including side-wall studs must be taken into account for the overall impression; the informed user of construction toy bricks will notice features affecting interconnection possibilities during normal use.
• ›Side-wall hollow studs (number, arrangement, hollow vs solid), resulting different silhouette (slimmer vs bulkier/more cubic), and potentially different underside features combine to produce a different overall impression; contested design has individual character; application rejected.

• MemberEnrico D'ERRICO
• MemberGailé SAKALAITE-ORLOVSKIENE
• MemberRebecca SANTANA DAVIES

Ranked by shared Locarno class + shared legal grounds + matching outcome. Click a case to view full detail.