Lego’s patent for the “Toy Building Brick” expired in 1988, but the company still aggressively tries to claim monopoly privileges over its products. Ten years ago, Lego tried unsuccessfully to claim trademark protection for blocks with circles on top. Now they are going after competitors for making products that look similar to the new “Lego Friends” line of blocks marketed toward girls. For example, Lego complains that its competitors have infringed its copyright in “Figure with Skirt”.
Of immediate interest is the fact that Lego has filed a complaint at the U.S. International Trade Commission seeking to bar importation of certain Mega Bloks, Lite Brix, and Best-Lock products. There are a number of reasons why the ITC should not be adjudicating patent or other intellectual property disputes, and if you’re interested in the full story, you should read my Cato Policy Analysis on the subject from 2012.
Read the rest of this post →