Ebay Title compatible with Lego
June 19, 2012 | 40,00 EUR | answered by Andreas Scholz
Is an eBay title with "Lego compatible" legally compliant? If not, what consequences could arise?
P.S: The product is not from Lego. Since the Lego patent has already expired, many manufacturers are building Lego-compatible bricks.
Dear inquirer,
This could be problematic. In a similar case from 1992, Lego managed to prevent the distribution of similar building blocks, BGH, I ZR 163/90 (so-called "Klemmstein II" decision). In this case, the BGH did not focus on the existence of patent protection, but rather on the fact that the distribution was deemed illegal under § 1 UWG, as it was considered immoral.
The decision of the ECJ from 2010 does not contradict this. In this case, only trademark protection was denied, leaving the question of the competition law legality of the distribution of similar building blocks open.
Therefore, I would advise against advertising with the term "Compatible with Lego." You could expect to receive a warning letter, which can be costly in the commercial sector. The distribution alone may also not be unproblematic according to the aforementioned case law of the BGH, and there is also a risk of receiving a warning letter.
If you have any questions, please feel free to ask.
Sincerely,
Scholz
Lawyer
