February 2, 2026 • 21 mins
Think a lost patent ends the story? We unpack how Lego turned a single technical invention into a platform for decades of innovation, brand power, and adult creativity. Starting with the 1958 stud-and-tube coupling, we explain what the original brick patent really covered, why its expiry didn’t sink the company, and how modern patents protect motion, mechanisms, and programmable systems rather than basic interlocking. From there, we map the rest of the toolkit: trademarks for source identity, design rights for appearance, and copyrights for expressive elements.
We also dive into the courtroom rulers that drew bright lines on functionality. Attempts to trademark the brick shape faltered in Canada and the EU because function can’t double as a brand signifier, while the minifigure shape prevailed as a 3D trademark. A later EU design-rights win showed that even bricks have protectable visual features when not purely functional. Enforcement cases against Best-Lock and Lepin underline how copyrights and trade dress defend minifigures, packaging, and character designs across markets.
Then we switch from courts to culture. Lego’s adult strategy blends nostalgia with display-worthy design: Star Wars Ultimate Collector Series, sleek Architecture skylines, and the Botanical collection that doubles as decor. Black-box, 18+ packaging telegraphs “made for you,” and the brand leans into mindful building as a calming, creative ritual. Finally, we explore Lego Serious Play, an open-source methodology that spreads fast through facilitators while the company retains the brand and sells specialized kits. It’s a masterclass in sharing the method but owning the name.
If you enjoy smart takes on how IP, marketing, and design shape the products you love, hit follow, share this with a friend who builds, and leave a review to tell us which Lego insight surprised you most.
Check out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats.
The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Artemisa (00:00):
Intellectual property is often described as
(00:02):
protection.
Lego treats it as a design tool,from bricks to brands, from sets
to strategy.
This episode is about how Legoused IP to grow, reinvent, and
invite adults back into play.
SPEAKER_01 (00:17):
You are listening to Intangibilia, the podcast of
Intangible Law.
Plain talk about intellectualproperty.
Please welcome your host,Leticia Caminero.
Leticia AI (00:29):
Hello and welcome to Intangibilia.
I'm the AI version of LeticiaCaminero, your host and
intellectual property expert.
Artemisa (00:36):
And I'm the playful AI co-host Artemisa.
Leticia AI (00:40):
In today's episode, we're exploring the fascinating
world of Lego, from itsdecades-long legal battles over
patents and trademarks to how itmarkets to adult fans and even
its unique serious playmethodology in business and
education.
Artemisa (00:56):
That's right.
We'll dig into Lego'sintellectual property: patents,
trademarks, copyrights, designrights, trade dress, and
landmark cases like megablocksand LePen.
Then we'll see how Lego designsand market sets for adult
builders.
Think Star Wars Collectors andthe botanical and architecture
(01:17):
lines.
Finally, we'll explore LegoSerious Play, its origins as an
internal tool, its open sourcestrategy, and how it's become a
brand building workshop forcompanies and schools.
Leticia AI (01:30):
It's a lot to cover, so let's build this episode
brick by brick.
Artemisa (01:39):
Letitia, everyone knows Lego for one thing.
The brick.
So let's start there.
What exactly did Lego patentback in the day?
Leticia AI (01:50):
The iconic Lego brick was patented in 1958.
But the patent was not about thebrick being rectangular or
having studs on top.
It protected the technicalinvention, the stud and tube
coupling system inside thebrick.
That internal structure is whatgives Lego bricks their clutch
power, stability, and ability tobe reused endlessly.
Artemisa (02:14):
So the magic was inside, not on the surface.
Leticia AI (02:18):
And that patent gave Lego exclusive rights for about
20 years, which is the standardpatent term.
During that time, no one elsecould legally manufacture bricks
using that same technicalsolution.
Artemisa (02:30):
And then the clock ran out.
Leticia AI (02:32):
Yes.
By 1978, Lego's last major brickpatent expired.
That was not a failure.
That is how patents are designedto work.
Once a patent expires, theinvention enters the public
domain.
That means competitors arelegally allowed to use it.
Artemisa (02:49):
Which explains why suddenly compatible bricks
appeared everywhere.
Leticia AI (02:53):
Companies could now legally produce interlocking
bricks.
Artemisa (02:56):
And this is where people assume Lego lost control.
Leticia AI (02:59):
But that is not what happened.
What Lego lost was exclusivityover one invention, not over its
entire business.
So Lego adapted.
Artemisa (03:08):
Before we go there, pause for a second.
Can you explain patents insimple terms?
Leticia AI (03:14):
Of course.
A patent protects a technicalinvention, something that is
new, inventive, and industriallyapplicable.
In exchange for publiclyexplaining how the invention
works, the inventor gets atemporary monopoly, usually 20
years.
After that, society gets to usethe invention freely.
(03:37):
Patents are not meant to lastforever.
They reward innovation.
Artemisa (03:42):
So Lego played by the rules.
Leticia AI (03:45):
Very much so.
And once the brick patentexpired, Lego shifted its focus.
Instead of trying to re patentthe same brick, which would not
be legally possible, Legostarted patenting what came next
and reinforcing with other IPfigures.
Artemisa (04:01):
Let's talk about that.
Does Lego still have patentstoday?
Leticia AI (04:05):
Yes, absolutely.
Lego holds hundreds of activepatents worldwide, but they are
very different from the originalbrick patent.
Artemisa (04:14):
Different how?
Leticia AI (04:15):
Today, Lego patents focus on innovation at the
edges, not the core brick.
For example, new connectionmechanisms for specialized sets,
mechanical systems in Legotechnic, gears, axles,
suspension, steering, andstructural solutions for large
or moving builds.
These patents protect how thingsmove, transform, or interact,
(04:38):
not basic interlocking.
Artemisa (04:40):
And this is where robotics comes in.
Lego has patents related torobotics, sensors, motors, and
programmable systems, especiallythrough its education and
robotics platforms.
These inventions sit closer toengineering and educational
technology than traditionaltoys.
So patents did not disappear.
(05:01):
They just moved.
Leticia AI (05:03):
That is the key point.
Lego uses patents today, exactlyhow patents should be used to
protect new technical solutionsfor a limited time while
continuing to innovate.
The brick became a platform.
The patents protect what Legobuilds on top of it.
Artemisa (05:18):
And the rest of the protection comes from other IP
tools.
Leticia AI (05:22):
Patents handle innovation.
Trademarks protect the Lego nameand brand.
Design rights protect howproducts look.
Copyright protects minifigures,instructions, and storytelling.
Together, they form a system.
Artemisa (05:37):
So the lesson isn't about keeping a patent forever.
It is how to survive after itexpires.
Leticia AI (05:44):
Lego did not fight the patent system.
It designed around it.
And that is why, decades afterlosing its core patent, Lego is
still one of the strongest IPcase studies in the world.
Artemisa (05:55):
Now, let's start with some cases.
The classic rival, Megablocks.
Leticia AI (06:00):
Sure.
When Megablocks, latermegabrands, began selling
compatible bricks in 1991, LEGOsued on trademark grounds.
In 2005, Lego asked courts inCanada and Europe to protect the
shape of its A-stud brick as atrademark.
Both times it lost.
Courts said the brick shape wasfunctional.
(06:22):
It's necessary for the brick towork, so it can't be
trademarked.
In Canada's Supreme Court,Lego's attempt to claim
exclusive rights to the brick'sdesign was rejected.
Functionality kills trademarkrights here.
Artemisa (06:40):
In simple terms, because the brick shape is
needed to make it lockedtogether, courts ruled it's not
a brand logo, but a usefulfeature, so competitors can make
similar bricks.
Leticia AI (07:03):
For protecting how a product functions, there are
other types of IP, such aspatents.
Artemisa (07:10):
The same principle came up in Europe.
In 2010, the EU's highest courtsaid Lego's trademark on a red
brick was invalid.
Its features were determined bythe technical function of
interlocking.
Lego can't stop others frommaking compatible bricks purely
by shape.
Leticia AI (07:30):
But Lego hasn't lost every shapefight.
Artemisa (07:33):
Right.
It's about nuance.
Leticia AI (07:35):
For example, Lego successfully trademarked the
shape of its minifigure.
In 2015, the EU general courtupheld Lego's 3D trademark on
its minifigures against bestlocks challenge.
The court effectively said thisparticular figure shape wasn't
purely functional and couldidentify Lego as a source.
(07:56):
That's a win for Lego'strademark strategy.
Artemisa (07:59):
So minifigure shape, protected.
Brick shape, not protected, dueto functionality.
Leticia AI (08:06):
And actually, in 2020, the EU General Court took
a middle ground on bricks viadesign law.
Lego had registered the basicbrick as a community design.
Delta Sport tried to invalidateit, again, saying every feature
was functional, needed tointerlock.
But the court ruled the brick'sdesign was valid, noting some
features like the flat sidesweren't purely functional and
(08:27):
could be considered part of thedesign.
In other words, under designright rules, Lego won protection
for the brick's appearance thatgoes beyond mere function.
Interesting.
So even though the trademarkfailed, Lego is using EU design
rights to protect the brick'slook.
(08:48):
Precisely.
Now, beyond shapes, Lego hasaggressively used copyright and
trade dress against copyists.
Take best luck, a British maker.
In 2019, a US court found bestlock's minifigures
indistinguishable from Lego's,saying best luck copied
protectable expressive elementsthat are original to Lego.
(09:10):
In short, Lego won a copyrightinfringement case against best
luck, reinforcing that it ownsthe creative aspects of its
minifigures.
Artemisa (09:21):
And what about Lepin?
Leticia AI (09:23):
Lego has a major win there.
In 2020, Chinese courtsdelivered final decisions
against Le Pin's manufacturer.
They upheld rulings that 18 Legosets and their minifigures were
protected works under Chinesecopyright law, and that copies
by Le Pin infringed copyright.
The courts even recognizedLego's trade dress in certain
product packaging andcharacters.
(09:45):
For its Ninjago, Nexo Knights,and Chima lines, the packaging
design and character designswere deemed distinctive and
protected under China'santi-unfair competition law.
So Lego enforced copyrights,designs, and trade dress in
China to shut down Le Pin.
Artemisa (10:06):
Impressive! So Lego uses a mix of IP tools, design
rights, and copyrights forbricks and figures, and even
trade dress to cover thepackaging look.
Leticia AI (10:17):
They also carefully protect their brands, the name
Lego, the brick configuration,the two by four stud pattern,
and even the way their logolooks are all registered
trademarks worldwide.
Those remain inviolet.
And internally, we shouldmention Lego has cleared many
other cases, lawsuits againstknockoffs in various countries,
(10:40):
to show they constantly enforceIP and That's a lot of legal
play.
SPEAKER_01 (10:44):
Intangibilia, the podcast of intangible law.
Plain tug about intellectualproperty.
Artemisa (10:50):
Now let's shift gears from courts to creativity.
How Lego became a lifestyle foradults.
Lego discovered that play isn'tjust for kids.
Over the past decade, they'vedeliberately courted AFOLS,
adult fans of Lego.
In fact, Lego estimates adultsmake up a significant portion of
(11:11):
the revenue.
They do this through nostalgiaand distinctive products.
Leticia AI (11:16):
Nostalgia is a powerful emotion.
Lego taps into it by remindinggrown-ups of their childhood
with bricks.
They even relaunch classic setsfrom past decades to appeal to
older fans.
Artemisa (11:27):
Right.
They also partner with belovedfranchises that adults grew up
with.
Star Wars is a prime example.
Lego's licensed Star Wars sets,especially the Ultimate
Collector series, are basicallyaimed at adult collectors, often
with dark themed boxes and18-plus labels.
(11:48):
Adults love displaying theMillennium Falcon or Death Star
in their homes.
As one marketing analyst put it,Lego targets adult collectors
through the nostalgia of playingas kids and by offering
architecture sets or botanicalmodels that look like art
displays.
Leticia AI (12:06):
For instance, the architecture series, famous
skylines in brick form, hassleek black or white packaging
and minimalist design.
It's sold as display pieces fordesks and shelves, not just
toys.
The botanical collection isanother Lego flowers and plants
designed for home decor.
(12:26):
These sets are marketed as giftsor decor items that never wilt,
appealing to homemakers anddecor fans.
Good housekeeping notes thatadult builders often display
these uh botanicals in vases,mixing and matching them as if
arranging real flowers.
Artemisa (12:48):
They're absolutely designed to look good on your
coffee table.
And Lego doesn't shy away fromthe message that building can be
relaxing.
Lego's own marketing lead forbotanicals even said, many adult
consumers find that buildingwith Lego bricks is a great way
to relax, get creative, and feela real sense of achievement.
(13:10):
They tap into the whole wellnessvibe, building as a cozy,
mindful hobby.
Leticia AI (13:16):
Speaking of messaging, Lego increasingly
uses nostalgia-driven campaigns.
They remind adults of childhoodjoys.
One campaign might show a parentbonding with a child over bricks
or reissue the original Lego setsomeone played with in the
1980s.
These campaigns build emotionalconnections that say, remember
(13:37):
how fun Lego was when you wereyoung?
It can be that way again.
Artemisa (13:54):
Instead of bright, busy, kit-focused boxes, they
moved to a sleek, minimalistdesign, often set on a black
background.
The Lego logo shrinks to acorner, and the age
recommendation of 18 plus isprominent.
Anders Heligard Iverson, asenior marketing manager at
Lego, explained that they didthis so adult fans could easily
(14:17):
show off their passion for thebricks and spot models they'd be
proud to display.
Check out set 10,273 HauntedHouse or 10,278 Police Station,
both in matte black boxeslabeled 18 plus under the new
Lego for adults branding.
This unifies everythingappealing to grownups, creator
(14:40):
expert classics, Lego ideassets, even Star Wars UCS now sit
under the same visual umbrella.
Leticia AI (14:48):
And testing showed it works.
Lego's head of product says theblack model focused packaging
really heroes the model.
The assembled set is front andcenter, drawing you in.
The result?
An adult seeing the box knowsimmediately.
This was made for me.
Artemisa (15:05):
Also, Lego pays attention to color coding in
subtle ways.
A fan noted that adult-orientedbotanicals used a dark green box
background with 18, whereas thesimpler creator version of the
same flower set had a yellowbox.
The green signaled maturebuilder.
The point is, from logos tofonts to color schemes, Lego's
(15:27):
branding for adults is carefullycrafted.
Modern, sophisticated, andunlike a typical kid's toy box.
Leticia AI (15:35):
So Lego's strategy for adults is a mix of product
design, intricate models, artfuldisplays, emotional marketing,
nostalgia, relaxation, andpackaging that clearly says
grown-ups only.
The 18 plus label and sleekdesign.
It's turned Lego into alifestyle brand for many people.
Artemisa (15:58):
Let's look at a very different Lego venture.
Lego Serious Play, LSP.
It sounds playful, but it's aserious business tool.
Leticia AI (16:09):
In the mid-1990s, Lego's owner teamed up with two
professors to develop a newapproach to strategy sessions.
The idea was radical.
What if adults literally builtmodels of their business
problems with Lego bricks?
Professors Johann Roos and BartVictor developed a methodology
(16:32):
in which teams use Lego toexpress ideas and solve problems
in three-dimensional models.
They called it Lego SeriousPlay, which aims to unlock
everyone's imagination instrategic planning.
Artemisa (16:45):
Over the years, Lego refined this.
And in 2010, they made a bigdecision.
They open sourced the coremethod.
Lego released the LSPmethodology under a Creative
Commons license as a communitymodel.
No more expensive licenses forcoaches.
Instead, Lego encourages a broadcommunity of facilitators.
(17:07):
Anyone can learn the method, butLego still owns the brand.
The name Lego Serious Play andthe official kits remain
trademarked and sold by Lego.
Leticia AI (17:17):
The Lego Serious Play website notes prior to
2010, LSP was offered throughlicensed partners.
Today, it is an open sourcemodel where the Lego group
markets the products andtraining is offered by
experienced trainers in thecommunity.
In short, they stopped chargingfor the knowledge but still
(17:39):
control the brand and materials.
The FAQ even bluntly states (17:42):
the Lego series play brands and IP
rights are held by the Legogroup.
Artemisa (17:48):
Why would Lego do this?
Strategically, it made LSPspread faster.
By 2010, demand for creativefacilitation was booming.
So Lego planted its flag in thecorporate and educational world.
Now thousands of businesses,consultants, and even schools
use LSP.
(18:10):
It's used for team building,problem-solving workshops,
innovation labs, basically tochange lean backward meetings to
lean forward meetings, as onetrainer puts it.
Leticia AI (18:21):
According to a LSP facilitator site, it's a
facilitated thinking,communication, and
problem-solving technique foruse with organizations, teams,
and individuals.
In practice, CEOs build a Legomodel of their vision, or
students construct parts of anidea, then share stories about
their models.
(18:41):
It's highly engaging.
Artemisa (18:43):
So Lego Serious Play extends the brand in a
non-traditional way bypositioning Lego as a tool for
adults' creativity and learning.
It boosts Lego's reputation inbusiness circles and opens a
revenue stream from sellingspecialized LSP kits with unique
bricks and elements.
And Lego doesn't have to teachthe method itself anymore.
(19:05):
They rely on a global network ofmaster trainers.
Leticia AI (19:15):
Interestingly, that association notes it was formed
when Lego opened the method in2010, which led to a surge of
interest and training offerings.
Lego achieved its goal.
More people know Lego as astrategy tool, not just a toy.
Artemisa (19:30):
In sum, Lego serious play showcases how Lego uses IP
and branding.
The core methodology is free forall, so you can't claim monopoly
on building with bricks ideas,but they keep exclusive rights
to the name and kits.
It's a smart balance.
Cooperatively grow the idea, butensure Lego's logo and product
(19:51):
sales benefit.
And that wraps up our deep diveinto Lego's world of intangible
assets, from courts tochildhood, from marketing to
methodology.
We've seen how Lego has builtits business by carefully
playing its cards, stretchingpatents and trademarks where it
can, fighting copyists toprotect designs, embracing adult
(20:12):
fans with emotion and design,and even innovating with
open-sourced play tools.
Leticia AI (20:18):
We hope you enjoyed this Lego Bricklayer's tour of
legal and branding strategies.
If you liked hearing Letitia andme chew the corners off these
stories, please subscribe toIntangiblia on your favorite
podcast platform.
Follow us on social media forupdates and let us know what
brand or topic we should unpacknext.
Artemisa (20:39):
And remember, the next time you see a Lego set on the
shelf, whether it's a$10 flowerpot or a$1,000 Death Star,
there's a story behind everystud of creativity, community,
and yes, even courtroom drama.
Leticia AI (20:55):
Keep exploring the intangible, keep building your
knowledge, and like Lego says,keep playing seriously.
Thanks for listening toIntangibilia.
SPEAKER_01 (21:13):
Thank you for listening to Intangible, the
podcast of Intangible Law.
Plain talk about intellectualproperty.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
Subscribe now on your favoritepodcast player.
Follow Wells on Instagram,Facebook, LinkedIn, and Twitter.
(21:33):
Visit our websitewww.intangiblia.com.
Copyright Leticia Caminero 2020.
All rights reserved.
This podcast is provided forinformation purposes only.
Intellectual property is often described as
(00:02):
protection.
Lego treats it as a design tool,from bricks to brands, from sets
to strategy.
This episode is about how Legoused IP to grow, reinvent, and
invite adults back into play.
SPEAKER_01 (00:17):
You are listening to Intangibilia, the podcast of
Intangible Law.
Plain talk about intellectualproperty.
Please welcome your host,Leticia Caminero.
Leticia AI (00:29):
Hello and welcome to Intangibilia.
I'm the AI version of LeticiaCaminero, your host and
intellectual property expert.
Artemisa (00:36):
And I'm the playful AI co-host Artemisa.
Leticia AI (00:40):
In today's episode, we're exploring the fascinating
world of Lego, from itsdecades-long legal battles over
patents and trademarks to how itmarkets to adult fans and even
its unique serious playmethodology in business and
education.
Artemisa (00:56):
That's right.
We'll dig into Lego'sintellectual property: patents,
trademarks, copyrights, designrights, trade dress, and
landmark cases like megablocksand LePen.
Then we'll see how Lego designsand market sets for adult
builders.
Think Star Wars Collectors andthe botanical and architecture
(01:17):
lines.
Finally, we'll explore LegoSerious Play, its origins as an
internal tool, its open sourcestrategy, and how it's become a
brand building workshop forcompanies and schools.
Leticia AI (01:30):
It's a lot to cover, so let's build this episode
brick by brick.
Artemisa (01:39):
Letitia, everyone knows Lego for one thing.
The brick.
So let's start there.
What exactly did Lego patentback in the day?
Leticia AI (01:50):
The iconic Lego brick was patented in 1958.
But the patent was not about thebrick being rectangular or
having studs on top.
It protected the technicalinvention, the stud and tube
coupling system inside thebrick.
That internal structure is whatgives Lego bricks their clutch
power, stability, and ability tobe reused endlessly.
Artemisa (02:14):
So the magic was inside, not on the surface.
Leticia AI (02:18):
And that patent gave Lego exclusive rights for about
20 years, which is the standardpatent term.
During that time, no one elsecould legally manufacture bricks
using that same technicalsolution.
Artemisa (02:30):
And then the clock ran out.
Leticia AI (02:32):
Yes.
By 1978, Lego's last major brickpatent expired.
That was not a failure.
That is how patents are designedto work.
Once a patent expires, theinvention enters the public
domain.
That means competitors arelegally allowed to use it.
Artemisa (02:49):
Which explains why suddenly compatible bricks
appeared everywhere.
Leticia AI (02:53):
Companies could now legally produce interlocking
bricks.
Artemisa (02:56):
And this is where people assume Lego lost control.
Leticia AI (02:59):
But that is not what happened.
What Lego lost was exclusivityover one invention, not over its
entire business.
So Lego adapted.
Artemisa (03:08):
Before we go there, pause for a second.
Can you explain patents insimple terms?
Leticia AI (03:14):
Of course.
A patent protects a technicalinvention, something that is
new, inventive, and industriallyapplicable.
In exchange for publiclyexplaining how the invention
works, the inventor gets atemporary monopoly, usually 20
years.
After that, society gets to usethe invention freely.
(03:37):
Patents are not meant to lastforever.
They reward innovation.
Artemisa (03:42):
So Lego played by the rules.
Leticia AI (03:45):
Very much so.
And once the brick patentexpired, Lego shifted its focus.
Instead of trying to re patentthe same brick, which would not
be legally possible, Legostarted patenting what came next
and reinforcing with other IPfigures.
Artemisa (04:01):
Let's talk about that.
Does Lego still have patentstoday?
Leticia AI (04:05):
Yes, absolutely.
Lego holds hundreds of activepatents worldwide, but they are
very different from the originalbrick patent.
Artemisa (04:14):
Different how?
Leticia AI (04:15):
Today, Lego patents focus on innovation at the
edges, not the core brick.
For example, new connectionmechanisms for specialized sets,
mechanical systems in Legotechnic, gears, axles,
suspension, steering, andstructural solutions for large
or moving builds.
These patents protect how thingsmove, transform, or interact,
(04:38):
not basic interlocking.
Artemisa (04:40):
And this is where robotics comes in.
Lego has patents related torobotics, sensors, motors, and
programmable systems, especiallythrough its education and
robotics platforms.
These inventions sit closer toengineering and educational
technology than traditionaltoys.
So patents did not disappear.
(05:01):
They just moved.
Leticia AI (05:03):
That is the key point.
Lego uses patents today, exactlyhow patents should be used to
protect new technical solutionsfor a limited time while
continuing to innovate.
The brick became a platform.
The patents protect what Legobuilds on top of it.
Artemisa (05:18):
And the rest of the protection comes from other IP
tools.
Leticia AI (05:22):
Patents handle innovation.
Trademarks protect the Lego nameand brand.
Design rights protect howproducts look.
Copyright protects minifigures,instructions, and storytelling.
Together, they form a system.
Artemisa (05:37):
So the lesson isn't about keeping a patent forever.
It is how to survive after itexpires.
Leticia AI (05:44):
Lego did not fight the patent system.
It designed around it.
And that is why, decades afterlosing its core patent, Lego is
still one of the strongest IPcase studies in the world.
Artemisa (05:55):
Now, let's start with some cases.
The classic rival, Megablocks.
Leticia AI (06:00):
Sure.
When Megablocks, latermegabrands, began selling
compatible bricks in 1991, LEGOsued on trademark grounds.
In 2005, Lego asked courts inCanada and Europe to protect the
shape of its A-stud brick as atrademark.
Both times it lost.
Courts said the brick shape wasfunctional.
(06:22):
It's necessary for the brick towork, so it can't be
trademarked.
In Canada's Supreme Court,Lego's attempt to claim
exclusive rights to the brick'sdesign was rejected.
Functionality kills trademarkrights here.
Artemisa (06:40):
In simple terms, because the brick shape is
needed to make it lockedtogether, courts ruled it's not
a brand logo, but a usefulfeature, so competitors can make
similar bricks.
Leticia AI (07:03):
For protecting how a product functions, there are
other types of IP, such aspatents.
Artemisa (07:10):
The same principle came up in Europe.
In 2010, the EU's highest courtsaid Lego's trademark on a red
brick was invalid.
Its features were determined bythe technical function of
interlocking.
Lego can't stop others frommaking compatible bricks purely
by shape.
Leticia AI (07:30):
But Lego hasn't lost every shapefight.
Artemisa (07:33):
Right.
It's about nuance.
Leticia AI (07:35):
For example, Lego successfully trademarked the
shape of its minifigure.
In 2015, the EU general courtupheld Lego's 3D trademark on
its minifigures against bestlocks challenge.
The court effectively said thisparticular figure shape wasn't
purely functional and couldidentify Lego as a source.
(07:56):
That's a win for Lego'strademark strategy.
Artemisa (07:59):
So minifigure shape, protected.
Brick shape, not protected, dueto functionality.
Leticia AI (08:06):
And actually, in 2020, the EU General Court took
a middle ground on bricks viadesign law.
Lego had registered the basicbrick as a community design.
Delta Sport tried to invalidateit, again, saying every feature
was functional, needed tointerlock.
But the court ruled the brick'sdesign was valid, noting some
features like the flat sidesweren't purely functional and
(08:27):
could be considered part of thedesign.
In other words, under designright rules, Lego won protection
for the brick's appearance thatgoes beyond mere function.
Interesting.
So even though the trademarkfailed, Lego is using EU design
rights to protect the brick'slook.
(08:48):
Precisely.
Now, beyond shapes, Lego hasaggressively used copyright and
trade dress against copyists.
Take best luck, a British maker.
In 2019, a US court found bestlock's minifigures
indistinguishable from Lego's,saying best luck copied
protectable expressive elementsthat are original to Lego.
(09:10):
In short, Lego won a copyrightinfringement case against best
luck, reinforcing that it ownsthe creative aspects of its
minifigures.
Artemisa (09:21):
And what about Lepin?
Leticia AI (09:23):
Lego has a major win there.
In 2020, Chinese courtsdelivered final decisions
against Le Pin's manufacturer.
They upheld rulings that 18 Legosets and their minifigures were
protected works under Chinesecopyright law, and that copies
by Le Pin infringed copyright.
The courts even recognizedLego's trade dress in certain
product packaging andcharacters.
(09:45):
For its Ninjago, Nexo Knights,and Chima lines, the packaging
design and character designswere deemed distinctive and
protected under China'santi-unfair competition law.
So Lego enforced copyrights,designs, and trade dress in
China to shut down Le Pin.
Artemisa (10:06):
Impressive! So Lego uses a mix of IP tools, design
rights, and copyrights forbricks and figures, and even
trade dress to cover thepackaging look.
Leticia AI (10:17):
They also carefully protect their brands, the name
Lego, the brick configuration,the two by four stud pattern,
and even the way their logolooks are all registered
trademarks worldwide.
Those remain inviolet.
And internally, we shouldmention Lego has cleared many
other cases, lawsuits againstknockoffs in various countries,
(10:40):
to show they constantly enforceIP and That's a lot of legal
play.
SPEAKER_01 (10:44):
Intangibilia, the podcast of intangible law.
Plain tug about intellectualproperty.
Artemisa (10:50):
Now let's shift gears from courts to creativity.
How Lego became a lifestyle foradults.
Lego discovered that play isn'tjust for kids.
Over the past decade, they'vedeliberately courted AFOLS,
adult fans of Lego.
In fact, Lego estimates adultsmake up a significant portion of
(11:11):
the revenue.
They do this through nostalgiaand distinctive products.
Leticia AI (11:16):
Nostalgia is a powerful emotion.
Lego taps into it by remindinggrown-ups of their childhood
with bricks.
They even relaunch classic setsfrom past decades to appeal to
older fans.
Artemisa (11:27):
Right.
They also partner with belovedfranchises that adults grew up
with.
Star Wars is a prime example.
Lego's licensed Star Wars sets,especially the Ultimate
Collector series, are basicallyaimed at adult collectors, often
with dark themed boxes and18-plus labels.
(11:48):
Adults love displaying theMillennium Falcon or Death Star
in their homes.
As one marketing analyst put it,Lego targets adult collectors
through the nostalgia of playingas kids and by offering
architecture sets or botanicalmodels that look like art
displays.
Leticia AI (12:06):
For instance, the architecture series, famous
skylines in brick form, hassleek black or white packaging
and minimalist design.
It's sold as display pieces fordesks and shelves, not just
toys.
The botanical collection isanother Lego flowers and plants
designed for home decor.
(12:26):
These sets are marketed as giftsor decor items that never wilt,
appealing to homemakers anddecor fans.
Good housekeeping notes thatadult builders often display
these uh botanicals in vases,mixing and matching them as if
arranging real flowers.
Artemisa (12:48):
They're absolutely designed to look good on your
coffee table.
And Lego doesn't shy away fromthe message that building can be
relaxing.
Lego's own marketing lead forbotanicals even said, many adult
consumers find that buildingwith Lego bricks is a great way
to relax, get creative, and feela real sense of achievement.
(13:10):
They tap into the whole wellnessvibe, building as a cozy,
mindful hobby.
Leticia AI (13:16):
Speaking of messaging, Lego increasingly
uses nostalgia-driven campaigns.
They remind adults of childhoodjoys.
One campaign might show a parentbonding with a child over bricks
or reissue the original Lego setsomeone played with in the
1980s.
These campaigns build emotionalconnections that say, remember
(13:37):
how fun Lego was when you wereyoung?
It can be that way again.
Artemisa (13:54):
Instead of bright, busy, kit-focused boxes, they
moved to a sleek, minimalistdesign, often set on a black
background.
The Lego logo shrinks to acorner, and the age
recommendation of 18 plus isprominent.
Anders Heligard Iverson, asenior marketing manager at
Lego, explained that they didthis so adult fans could easily
(14:17):
show off their passion for thebricks and spot models they'd be
proud to display.
Check out set 10,273 HauntedHouse or 10,278 Police Station,
both in matte black boxeslabeled 18 plus under the new
Lego for adults branding.
This unifies everythingappealing to grownups, creator
(14:40):
expert classics, Lego ideassets, even Star Wars UCS now sit
under the same visual umbrella.
Leticia AI (14:48):
And testing showed it works.
Lego's head of product says theblack model focused packaging
really heroes the model.
The assembled set is front andcenter, drawing you in.
The result?
An adult seeing the box knowsimmediately.
This was made for me.
Artemisa (15:05):
Also, Lego pays attention to color coding in
subtle ways.
A fan noted that adult-orientedbotanicals used a dark green box
background with 18, whereas thesimpler creator version of the
same flower set had a yellowbox.
The green signaled maturebuilder.
The point is, from logos tofonts to color schemes, Lego's
(15:27):
branding for adults is carefullycrafted.
Modern, sophisticated, andunlike a typical kid's toy box.
Leticia AI (15:35):
So Lego's strategy for adults is a mix of product
design, intricate models, artfuldisplays, emotional marketing,
nostalgia, relaxation, andpackaging that clearly says
grown-ups only.
The 18 plus label and sleekdesign.
It's turned Lego into alifestyle brand for many people.
Artemisa (15:58):
Let's look at a very different Lego venture.
Lego Serious Play, LSP.
It sounds playful, but it's aserious business tool.
Leticia AI (16:09):
In the mid-1990s, Lego's owner teamed up with two
professors to develop a newapproach to strategy sessions.
The idea was radical.
What if adults literally builtmodels of their business
problems with Lego bricks?
Professors Johann Roos and BartVictor developed a methodology
(16:32):
in which teams use Lego toexpress ideas and solve problems
in three-dimensional models.
They called it Lego SeriousPlay, which aims to unlock
everyone's imagination instrategic planning.
Artemisa (16:45):
Over the years, Lego refined this.
And in 2010, they made a bigdecision.
They open sourced the coremethod.
Lego released the LSPmethodology under a Creative
Commons license as a communitymodel.
No more expensive licenses forcoaches.
Instead, Lego encourages a broadcommunity of facilitators.
(17:07):
Anyone can learn the method, butLego still owns the brand.
The name Lego Serious Play andthe official kits remain
trademarked and sold by Lego.
Leticia AI (17:17):
The Lego Serious Play website notes prior to
2010, LSP was offered throughlicensed partners.
Today, it is an open sourcemodel where the Lego group
markets the products andtraining is offered by
experienced trainers in thecommunity.
In short, they stopped chargingfor the knowledge but still
(17:39):
control the brand and materials.
The FAQ even bluntly states (17:42):
the Lego series play brands and IP
rights are held by the Legogroup.
Artemisa (17:48):
Why would Lego do this?
Strategically, it made LSPspread faster.
By 2010, demand for creativefacilitation was booming.
So Lego planted its flag in thecorporate and educational world.
Now thousands of businesses,consultants, and even schools
use LSP.
(18:10):
It's used for team building,problem-solving workshops,
innovation labs, basically tochange lean backward meetings to
lean forward meetings, as onetrainer puts it.
Leticia AI (18:21):
According to a LSP facilitator site, it's a
facilitated thinking,communication, and
problem-solving technique foruse with organizations, teams,
and individuals.
In practice, CEOs build a Legomodel of their vision, or
students construct parts of anidea, then share stories about
their models.
(18:41):
It's highly engaging.
Artemisa (18:43):
So Lego Serious Play extends the brand in a
non-traditional way bypositioning Lego as a tool for
adults' creativity and learning.
It boosts Lego's reputation inbusiness circles and opens a
revenue stream from sellingspecialized LSP kits with unique
bricks and elements.
And Lego doesn't have to teachthe method itself anymore.
(19:05):
They rely on a global network ofmaster trainers.
Leticia AI (19:15):
Interestingly, that association notes it was formed
when Lego opened the method in2010, which led to a surge of
interest and training offerings.
Lego achieved its goal.
More people know Lego as astrategy tool, not just a toy.
Artemisa (19:30):
In sum, Lego serious play showcases how Lego uses IP
and branding.
The core methodology is free forall, so you can't claim monopoly
on building with bricks ideas,but they keep exclusive rights
to the name and kits.
It's a smart balance.
Cooperatively grow the idea, butensure Lego's logo and product
(19:51):
sales benefit.
And that wraps up our deep diveinto Lego's world of intangible
assets, from courts tochildhood, from marketing to
methodology.
We've seen how Lego has builtits business by carefully
playing its cards, stretchingpatents and trademarks where it
can, fighting copyists toprotect designs, embracing adult
(20:12):
fans with emotion and design,and even innovating with
open-sourced play tools.
Leticia AI (20:18):
We hope you enjoyed this Lego Bricklayer's tour of
legal and branding strategies.
If you liked hearing Letitia andme chew the corners off these
stories, please subscribe toIntangiblia on your favorite
podcast platform.
Follow us on social media forupdates and let us know what
brand or topic we should unpacknext.
Artemisa (20:39):
And remember, the next time you see a Lego set on the
shelf, whether it's a$10 flowerpot or a$1,000 Death Star,
there's a story behind everystud of creativity, community,
and yes, even courtroom drama.
Leticia AI (20:55):
Keep exploring the intangible, keep building your
knowledge, and like Lego says,keep playing seriously.
Thanks for listening toIntangibilia.
SPEAKER_01 (21:13):
Thank you for listening to Intangible, the
podcast of Intangible Law.
Plain talk about intellectualproperty.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
Subscribe now on your favoritepodcast player.
Follow Wells on Instagram,Facebook, LinkedIn, and Twitter.
(21:33):
Visit our websitewww.intangiblia.com.
Copyright Leticia Caminero 2020.
All rights reserved.
This podcast is provided forinformation purposes only.
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