The figures of a Danish toy manufacturer are trademark protected. The sale of very similar figures from China was prohibited by the District Court of Düsseldorf with a judgment dated August 12, 2022.
The toy building blocks and figures of a Danish toy manufacturer are well-known to children and adults. In Europe, the company holds the trademark rights to the figures. A retailer from NRW distributed very similar figures from a producer in China. According to trademark law, the copies must have a recognizable difference from the original figures in their overall impression. This was not the case here, explains the law firm MTR Legal, which has one of its advisory focuses on trademark law.
Since the figures from China do not display this difference and therefore pose a risk of confusion, the District Court of Düsseldorf prohibited the retailer from distributing these figures (Ref.: 38 O 91/21).
The manufacturer of the original building blocks is the holder of the European trademark rights to the figures. The figures from China show a great similarity and are compatible with the originals. The Danish company thus saw its trademark rights violated and demanded that the retailer cease selling, importing, or advertising the figures from China in Germany. Additionally, he should destroy all minifigures in his possession and disclose the names of the manufacturers, suppliers, and buyers of the figures. Furthermore, the retailer should compensate for any damage caused by the trademark infringement or that may arise in the future.
The District Court of Düsseldorf upheld the complaint in all points. According to the relevant European regulation on the EU trademark, the plaintiff has claims for injunctions. It is evident that the original play figures have achieved a very high level of recognition in Germany and Europe, the court ruled. The figures distributed by the defendant are highly similar to the original in terms of the key overall impression. Both figures are characterized by the angular, squat appearance of the body with a round and large head, so that a direct risk of confusion exists, decided the District Court of Düsseldorf.
Attorneys experienced in trademark law provide advice at MTR Legal.
