The figures from a Danish toy manufacturer are trademark protected. The LG Düsseldorf prohibited the sale of very similar figures from China with a judgment on August 12, 2022.
The 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 dealer from NRW distributed very similar figures from a Chinese producer. Under trademark law, the copies must show a recognizable difference from the original figures in their overall impression. This was not the case here, explains the business law firm MTR Rechtsanwälte, which has one of its advisory focuses on trademark law.
Since the figures from China do not show this difference and therefore pose a risk of confusion, the Düsseldorf Regional Court prohibited the dealer from distributing these figures (Case No.: 38 O 91/21).
The manufacturer of the original building blocks is the owner of the European trademark rights to the figures. The figures from China exhibit a great similarity and are compatible with the originals. The Danish company therefore saw its trademark rights infringed and demanded that the dealer refrain from selling, importing, or advertising the figures from China in Germany. In addition, he should destroy all minifigures in his possession and disclose the names of the manufacturers, suppliers, and buyers of the figures. The dealer should also be liable for any damages that have arisen or may arise in the future due to the trademark infringement.
The Düsseldorf Regional Court upheld the claim in all respects. Under the applicable European regulation on the EU trademark, the plaintiff has claims for injunction. It was evident that the original play figures had achieved a very high level of recognition in Germany and Europe, according to the court. The figures distributed by the defendant were highly similar to the original in terms of the decisive overall impression. The angular, compact appearance of the body with a rounded, large head was characteristic of both figures, so that there was an immediate risk of confusion, the LG Düsseldorf decided.
Attorneys experienced in trademark law advise at MTR Rechtsanwälte.
