Supreme Court of Canada Lego decision
The SCC released its decision yesterday in the Lego trade-mark case. The company that produces Lego was trying to stop the company that makes Mega Bloks from making Mega Bloks on the grounds that the post design was a trade-mark. Lego did have a patent, but it expired.
The SCC did not agree that the design was subject to trade-mark protection. In essence, trade-marks are used to identify the source of a product, not to define or limit a product.
In other words, trade-marks relate to brand awareness, not function.
I will write a more detailed summary of the case later, but for now, the decision is available on-line.
And stay tuned for more trade-mark law from the SCC - a case re Barbie dolls vs Barbie restaurant was heard a few weeks ago.