A European Union court ruled today that Lego can’t trademark the shape of its iconic toy building blocks, Bloomberg reports. The court supported a 2006 decision by the EU trademark agency that said because the raised circles on Lego blocks serve a “utilitarian function,” they are ineligible for trademark. Lego plans to appeal to a higher court.
Lego says the design of the bricks make them “highly distinctive” and aesthetic in nature, and therefore eligible for a trademark. A precedent-setting decision in 2002 held that Royal Philips Electronics was not infringing on Spectrum’s Remington trademark by producing an electric shaver with a triangle-shaped head similar to that of a Philips shaver.