In 2010, Lego A/S registered Community design no. 001664368-0006 (Building blocks from a toy building set). Six years later, in December 2016, the company Delta Sport Handelskontor GmbH filed an application for the declaration of invalidity of this design before the EU Intellectual Property Office (EUIPO), claiming that all the elements of its appearance are solely dictated by the technical function of the product.

The General Court of the European Union struck down a 2019 decision by the European Union Intellectual Property Office (EUIPO), ruling that the design of LEGO’s building blocks are protected by patent. It was held that EUIPO failed to examine the relevance of the application of the exception relied on by LEGO and failed to take into consideration all the features of the appearance of the brick.

However, Delta Sport has the right to appeal the decision at the European Court of Justice. It remains to be seen whether the decision will be appealed.