THE NETHERLANDS: Lego Case Highlights Importance of Design Registration

A recent preliminary ruling by the District Court of The Hague successfully enforced the design and trademark rights of several companies in the Lego group of companies (Lego) against Wibra Supermarkt B.V. (Wibra), a discount retailer, for selling imitation building kits that were found to infringe Lego’s EU design rights and LEGO trademark. The ruling was made on November 19, 2024.

Under the name Botanical Collection, Lego offers a collection of flower figures as a modular building system.

Wibra offers a collection of flower models for sale under the name, Mini Block Flower Arrangement, and a collection of animal figures under the name, Mini Block Funny Animals (see images), both of which are made up of (plastic) building blocks.

Wibra uses the LEGO brands as metatags on its website and promotes these products on social media under the names “Lego flowers” and “Lego animals.”

Lego argued that Wibra’s products did not create a sufficiently different overall impression from its registered designs and that they were marketed using the LEGO name, thereby causing confusion.

The court rejected Wibra’s defenses, which included claims that Lego’s designs were invalid due to their functionality and that its LEGO trademark had become generic. The court found these defenses to be either unfounded or irrelevant in the context of the proceedings.

The key to Lego’s victory was that it relied on registered EU designs, which enjoy a presumption of validity in litigation, leading to an EU-wide injunction. This decision illustrates the crucial role of design registration in protecting industrial designs, even in jurisdictions such as the Netherlands, where copyright protection for industrial designs is significant.

For companies in design-driven industries, design registration ensures robust protection and facilitates enforcement. Prompt registration, within one year of disclosure, is essential to preserve novelty and secure these benefits.

The Lego v. Wibra decision underlines that design registration is not just a legal formality, but a powerful tool to safeguard innovation and secure market position.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

© 2025 International Trademark Association