Lego clone

Last updated
Mega Bloks building block (above) and Lego building brick (below) Mega Bloks vs. LEGO.JPG
Mega Bloks building block (above) and Lego building brick (below)

A Lego clone is a line or brand of children's construction blocks which is mechanically compatible with Lego brand blocks, but is produced by another manufacturer. The blocks were originally patented by The Lego Group in 1961 as "toy building bricks", [1] and the company has since remained dominant in this market. [2] Some competitors have moved to take advantage of Lego brand recognition by advertising their own products as compatible with Lego, with statements such as "compatible with leading building bricks". [3]

Contents

The last underlying patents of the brick design expired in 1978, opening the field to rivals. [4]

At least two of the largest clone manufacturers have been challenged in court by Lego. The lawsuits have been mostly unsuccessful, for courts have generally found the functional design of the basic brick to be a matter of patent rather than trademark law, and all relevant Lego patents have expired.

Although Lego itself originally copied their bricks from British psychologist and inventor Hilary Page in the late 1940s, the company has sued others whom it perceived as producing overly similar products (Lego claims that when contacted by LEGO in the late 1950s, Kiddicraft gave no objection to the Danish company manufacturing the bricks; Lego eventually purchased the rights to the Kiddicraft bricks and trademark from the descendants of Page in 1981 [5] ). [6] [7]

Lego and Tyco Industries fought in US courts over Tyco's line of interlocking bricks in the 1980s with Tyco prevailing. [4] On August 31, 1987, the US District Court ruled that Tyco could continue making Super Blocks, its Lego clone bricks, but ordered Tyco to stop using the Lego trademark and not to state that they were "Lego, but only cheaper". In Lego's Hong Kong suit against Tyco Super Blocks, Lego received an injunction forcing Tyco to stop cloning Lego bricks designed after 1973. Tyco was also being sued at the time by Lego in Austria, Italy and Canada. [8]

In 1990s Lego sued the Canadian company Mega Bloks on the grounds that its use of the "studs and tubes" interlocking brick system was a violation of trademarks held by Lego. On November 17, 2005, the Supreme Court of Canada upheld Mega Bloks' right to continue selling the product in Canada. [9] A similar decision was reached by the European Union's Court of First Instance on November 12, 2008, upholding an EU regulatory agency's reversal of opinion following an objection by Mega Bloks against a trademark awarded to Lego in 1999. [10] Mega Bloks won a case at the EU's top court in 2010 against Lego's trademark registration of a red toy building brick. On September 14, 2010, the European Court of Justice ruled that the 8-peg design of the original Lego brick "merely performs a technical function [and] cannot be registered as a trademark." [11]

Best-Lock and Lego bricks compared. Left to right; alternating Best-Lock then Lego in pairs. Best-Lock and Lego-bricks compared by color.jpg
Best-Lock and Lego bricks compared. Left to right; alternating Best-Lock then Lego in pairs.

Also in the 1990s, Korean company Oxford was sued by The Lego Group over similar designs, but the case was eventually ruled in Oxford's favor. [12]

In 2000, Lego filed a three-dimensional trademark for its mini-figures, which Best Lock had duplicated since 1998. In 2012, Best Lock sued to get the trademark revoked. On June 16, 2015, European Court of Justice upheld Lego's figure trademark. [13] Lego had in 2009 filed its copyright claims into a U.S. Customs database that led to the seizure of Best-Lock shipments coming in from Asia. In October 2011, Lego filed in US District Court in Hartford filed against Best-Lock over the mini-figure trademark. [6] [14]

The Lego Group did score a success in 2002, when its Swiss subsidiary Interlego AG sued the Tianjin CoCo Toy Co., Ltd. company for copyright infringement. A claims court found many CoCo sets to be infringing; CoCo was ordered to cease manufacture of the infringing sets, publish a formal apology in the Beijing Daily , and pay a small fee in damages to Interlego. On appeal, the Beijing High People's Court upheld the trial court's ruling. [15]

The English company Best-Lock Construction Toys sued Lego in German courts in 2004 [16] and 2009. [17] The German Federal Court denied Lego trademark protection for the shape of its bricks in the latter case. [18]

In 2011, Lego sued Guangdong Jumbo Grand Plastic Moulding Industrial over its BanBao brand's copycat packaging. The two companies settled their case out of court with Guangdong agreeing to create unique packaging and a new figure, ToBees. [19]

In 2016, Lego announced that it would be taking legal action against the Chinese company Guangdong Loongon, which manufactures the brand Lepin, for selling exact replicas of existing Lego products (including box-art). [20]

In 2019, Lego sued Lakeshore Learning Materials for violating its minifigure trademark. [21] [ better source needed ]

In 2020, Lego was successful in blocking Zuru from selling its own version of minifigures, the court finding that Zuru infringed upon Lego's trademark. [22]

Brands

The following brands have been described as "Lego clones":

NameYears activeManufacturerSources
ATC1970s Asahi Toy Company  [ ja ], from Japan
BanBao2010–presentGuangdong Jumbo Grand Plastic Moulding Industrial Co., Ltd. [19]
Bikku2018–presentKeak Japan Co., Ltd.
Built to Rule 2003–2005 Hasbro [23]
Best-Lock 1997–presentBest-Lock Group
CaDA2007–presentDouble Eagle Toys Industry Co. Ltd. [24]
Cobi 1995–presentBest-Lock Group [25]
CoCoTianjin COCO Toy Co., Ltd. [15]
JMBricklayerJMBricklayer [25]
Kre-O 2011–2017 Hasbro [23] [26]
Lakeshore Learning Company
Laser PegsLaser Pegs Ventures [27]
Lepin [20] Guangdong Loongon
Ligao (立高)1999–Wange Toys Industrial Company [28] [29]
Lite Brix2013~Cra-Z-Art (LaRose Industries) [27]
Make-it Blocksproprietary brand of Dollar Tree
Mega Bloks1991–present Mega Brands (Mattel) [23]
Mirabloco1980sCMiranda scholar equipment, from Portugal
Mould King2012–presentMould King [25]
Nifeliz2020–presentNifeliz
N&B Block1968-1972 Nintendo
Oxford1996~ Oxford [12]
Qman (formerly Enlighten)1994–presentGuangdong Qman Industry Toys Co., Ltd.
Sluban2004–presentSluban
Tyco Super Blocks1984–1990 Tyco Toys/Mattel [8]
Wilko Blox Wilko
Xingbao2016subsidiary of Lepin, Guangdong Loongon
Zuru MAX (Build More) Zuru

See also

Related Research Articles

<span class="mw-page-title-main">Lego</span> Plastic construction toy

Lego is a line of plastic construction toys manufactured by the Lego Group, a privately held company based in Billund, Denmark. Lego consists of variously coloured interlocking plastic bricks made of acrylonitrile butadiene styrene (ABS) that accompany an array of gears, figurines called minifigures, and various other parts. Its pieces can be assembled and connected in many ways to construct objects, including vehicles, buildings, and working robots. Assembled Lego models can be taken apart, and their pieces can be reused to create new constructions.

<span class="mw-page-title-main">Generic trademark</span> Common terms used to name products or services

A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services, usually against the intentions of the trademark's owner.

<span class="mw-page-title-main">Timeline of Lego</span>

This article lists notable events and releases in the history of the Lego Group.

Tyco Toys was an American toy manufacturer. It was acquired by Mattel in 1997, becoming one of its brands.

<span class="mw-page-title-main">Construction set</span> Set of standardized pieces that allow for the construction of a variety of different models

A construction set is a standardized piece assortment allowing for the construction of various different models. Construction sets are most often marketed as toys. Popular construction toy brands include Lincoln Logs and LEGO.

<span class="mw-page-title-main">The Lego Group</span> Danish multinational toy production company

The Lego Group is a Danish construction toy production company based in Billund, Denmark. It manufactures Lego-branded toys, consisting mostly of interlocking plastic bricks. The Lego Group has also built several amusement parks around the world, each known as Legoland, and operates numerous retail stores.

<span class="mw-page-title-main">Lego minifigure</span> Plastic figurines manufactured by the Lego Group

A Lego minifigure, often simply referred to as a Lego figure or a minifig, is a small plastic articulated figurine made of special Lego bricks produced by Danish building toy manufacturer The Lego Group. They were first produced in 1978 and have been a success, with over 4 billion produced worldwide as of 2020. Minifigures are usually found within Lego sets, although they are also sold separately as collectables in blind bags, or can be custom-built in Lego stores and on lego.com. While some are named as specific characters, either licensed from already existing franchises or of Lego's own creation, many are unnamed and are designed simply to fit within a certain theme. They are highly customizable, and parts from different figures can be mixed and matched, resulting in many combinations.

<span class="mw-page-title-main">The Tetris Company</span> American video game company

The Tetris Company, Inc. (TTC) is the manager and licensor for the Tetris brand to third parties. It is an American company based in Nevada and owned by Tetris creator Alexey Pajitnov and Henk Rogers. The company is the exclusive licensee of Tetris Holding LLC, the company that owns Tetris rights worldwide.

<i>Kirkbi AG v Ritvik Holdings Inc</i> Supreme Court of Canada case

Kirkbi AG v. Ritvik Holdings Inc., popularly known as the Lego Case, is a decision of the Supreme Court of Canada. The Court upheld the constitutionality of section 7(b) of the Trade-marks Act which prohibits the use of confusing marks, as well, on a second issue it was held that the doctrine of functionality applied to unregistered trade-marks.

<span class="mw-page-title-main">EACA</span>

EACA International Ltd was a Hong Kong manufacturer active from 1975 to 1983, producing Pong-style television video games, and later producing thousands of personal computers.

Lego Spider-Man is a product range of the Lego construction toy, based on the Marvel Comics character Spider-Man. When the theme first launched in 2002, it was inspired by the Spider-Man film released the same year and was part of the Lego Studios line. Additional sets were released two years later, based on the film's sequel, Spider-Man 2. The theme was discontinued before the release of Spider-Man 3, and the rights were sold to rival Mega Brands, who entered a multi-year licensing deal with Marvel Enterprises, giving them the rights to produce playsets, vehicles, and other building-themed products based upon various Marvel characters for their Mega Bloks toys.

<span class="mw-page-title-main">Mega Brands</span> Canadian toy company

Mega Brands Inc. is a Canadian children's toy company that is currently a wholly owned subsidiary of Mattel. Mega Bloks, a line of construction set toys, is its most popular product. Its other brands include Mega Construx, Mega Puzzles, and Board Dudes. The company distributes a wide range of construction toys, puzzles, and craft-based products.

<span class="mw-page-title-main">Tente (toy)</span> Construction toy

Tente is a line of construction toys created in 1972 by EXIN-LINES BROS S.A., a plastics and toy company based in Barcelona, Spain which ceased operation in 1993. The toys consist of multi-colored interlocking plastic bricks in multiple scales and an accompanying array of wheels, minifigures, and various accessories.

<i>Interlego AG v Tyco Industries Inc</i> Case in copyright law

Interlego AG v Tyco Industries Inc was a case in copyright law that originated in Hong Kong that eventually went before the Judicial Committee of the Privy Council in the United Kingdom.

<span class="mw-page-title-main">Best-Lock</span> Brand of construction toy

Best-Lock Construction Toys is a brand of plastic building bricks that are compatible with Lego. Best-Lock Group Limited, which manufacture the bricks, is based in Colne, Lancashire, England.

<span class="mw-page-title-main">Kre-O</span> Construction toy line

KRE-O is a line of construction toys manufactured by South Korea-based Oxford and marketed by Hasbro. Kre-O was released in stores in Fall 2011. The name Kre-O comes from the Latin word creo, which means "I create".

Guangdong Loongon Animation & Culture Co., Ltd. (广东小白龙动漫文化股份有限公司), often referred to as Loongon, is a Chinese children's toy manufacturer based in Guangdong and founded in 2003. Loongon and its family of brands, including Lepin and Cogo are known for producing Lego-compatible brick sets. Loongon is publicly listed as of 2014 as stock 831015 on the Chinese stock exchange known as the National Equities Exchange and Quotations.

<span class="mw-page-title-main">Hilary Page</span> English toy maker

Hilary "Harry" Fisher Page was an English toy maker and inventor of Self-Locking Building Bricks, the predecessor of Lego bricks. He founded the Kiddicraft toy company.

<span class="mw-page-title-main">Building blocks (toy)</span>

Building blocks are modular construction parts, usually made of plastic, which can be assembled in a form-fit manner. The basic components are usually cuboid-shaped, cylindrically studded at the top in a grid pattern, hollow-bodied at the bottom and smooth at the sides. The structured upper surface interacts by friction and positive locking with the correspondingly negative lower surface of other clamping components, so that complex designs can be assembled. The design allows the parts to be connected with compressive force and the blocks to be clamped with plastic pins.

<span class="mw-page-title-main">Zuru (company)</span> Hong Kong toy company

Zuru is a Hong Kong–based toy and FMCG company that manufactures multiple brands of toys and consumer goods products. As of 2024, the company operates four main divisions: ZURU Toys, ZURU Edge, ZURU Tech, and Rhodes Pet Science.

References

  1. USpatent 3005282,Christiansen, Godtfred Kirk,"Toy Building Brick",issued 1961-10-24, assigned to Interlego A.G.
  2. Joffe-Walt, Chana (2012-12-13). "Why Legos Are So Expensive — And So Popular". NPR. Retrieved 2019-10-14. Lego has about 70 percent of the construction-toy market
  3. Gardner, Tracy (14 August 2015). "Laser Pegs Hands-On Review - Light Up Construction Bricks". techagekids.com. Retrieved 1 April 2017.
  4. 1 2 Austen, Ian (February 2, 2005). "Building a Legal Case, Block by Block". New York Times. Retrieved October 8, 2018.
  5. "Automatic Binding Bricks". LEGO History. Retrieved 7 April 2021.
  6. 1 2 Lee, Mara (January 29, 2012). "Blocking And Tackling: A Nasty LEGO Copyright Battle". Hartford Courant. Archived from the original on 2020-10-25. Retrieved 8 October 2018.
  7. Seay, Gregory (January 30, 2012). "Lego locked in domestic copyright fight". Hartford Business Journal. Archived from the original on 2019-04-20. Retrieved October 8, 2018.
  8. 1 2 Mayer, Caroline E. (September 1, 1987). "Lego, Tyco Each Declare Victory in Battle of the Bricks". Washington Post. Retrieved October 8, 2018.
  9. "2005 SCC 65". CanLII. Retrieved 2015-03-09.
  10. "Lego loses trademark ruling in EU". The New York Times. October 12, 2008.
  11. "Montreal's Mega Brands triumphant after Lego loses trademark challenge". Archived from the original on September 19, 2010. Retrieved December 31, 2011.
  12. 1 2 수정, 입력 (2011-04-26). "[하이! 우리 브랜드] ㈜옥스포드" [[high! Our brand] Oxford Co., Ltd.]. 부산일보 (in Korean). Retrieved 2024-05-31.
  13. Butler, Sarah (June 16, 2015). "Lego blocks legal bid to remove trademark protection for its mini-figures". the Guardian. Retrieved October 8, 2018.
  14. "EU court rules Lego figurines are protected trademark". 2015-06-16.
  15. 1 2 "Lego defeats the Chinese pirates". BBC News. 21 January 2003. Retrieved October 8, 2018.
  16. "Forty-year Monopolistic LEGO-Doctrine Ruling Reversed as Best-Lock Europe LTD Wins Patent and Trademark Case". CCNMatthews Newswire. 2005-03-28. Archived from the original on 25 February 2016.
  17. von RA Dennis Breuer (2012-04-19). "Pressemitteilung des BGH Nr. 158/2009: Legostein als Marke gelöscht | markenmagazin:recht". Markenmagazin.de. Retrieved 2012-10-09.
  18. "Pressemitteilung Nr. 147/04 vom 3.12.2004". Juris.bundesgerichtshof.de. Retrieved 2015-03-09.
  19. 1 2 Sauer, Abe (September 24, 2012). "China Watch: Banbao Blames Lego For Not Letting Banbao Copy Lego". Brandchannel. Retrieved October 8, 2018.
  20. 1 2 "Fierce copyright battle mars Lego's push in China". cphpost.dk (in Danish). Retrieved 2017-02-08.
  21. Hancock, Graham E. (2019-06-12). "The LEGO Group sues Lakeshore Learning Materials for copyright infringement" . Retrieved 2024-08-14.
  22. "LEGO Blocks Out ZURU in Copyright Dispute Over Minifigures | Incontestable Blog". Finnegan | Leading Intellectual Property Law Firm.
  23. 1 2 3 Lennihan, Mark (February 12, 2011). "Hasbro pushes into Lego's land with new blocks". USA Today. AP. Retrieved September 12, 2018.
  24. Cada Klemmbausteine, accessed: 2021-02-28
  25. 1 2 3 "Best LEGO alternatives for adults (2024)". VideoGamer. 2024-02-23. Retrieved 2024-08-14.
  26. Kuchera, Ben (July 20, 2011). "Playing with Hasbro's Kre-O Transformer kits: don't call them Lego". Ars Technica. Retrieved September 12, 2018.
  27. 1 2 Lagzial, Ashley (June 30, 2013). "Patent Fight Short Circuits 'Laser Peg' Toy Plan". CNBC. Retrieved October 8, 2018.
  28. Pasick, Adam (3 October 2013). "Lego looks to expand in China, the land of Lego knock-offs". Quartz.
  29. Ness, Daniel (July 25, 2021). Block Parties: Identifying Emergent STEAM Thinking Through Play. Routledge. ISBN   9781000406221 via Google Books.