![]() ![]() It also failed to correctly apply the exception which allows certain modular shapes to be registered. The General Court has now held that the Board of Appeal failed to take into consideration all features of the appearance of the brick in determining whether it is solely technical. ![]() In an earlier ruling, the EUIPO Board of Appeal had invalidated the RCD on this ground. In 2016, a German toy manufacturer filed an application for invalidity against this RCD on the ground that all features of the appearance of the product are solely dictated by their technical function.The case concerned an RCD registered in 2010 for the shape of a Lego building block:.The case potentially opens the door for the wider registration of "modular" shapes as RCDs. In a recent decision, the EU General Court considered whether the shape of a Lego brick is validly registered as an EU Registered Community Design (RCD). ![]()
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