The Lego Case in China

Lego Group sued two Chinese companies for manufacturing and selling products that were almost identical to ones from the Lego Friends range. The leading European toymaker claimed that the logo and the packaging used by the Chinese companies under the brand Bela constitute an infringement of the copyright in Lego Group’s logo and packaging.

The issue raised before the Court was whether products sold under the brand Bela infringe Lego’s copyrights, and in this direction, constitutes an act of unfair competition. On September 2017, the Shantou Intermediate People’s Court ruled in favor of the Lego Group.

The broad similarity of the Lego Friends products and the Bela Friends products may lead to consumer confusion, in that respect, the court decided that Lego Friends products enjoyed protection under the Chinese Anti-Unfair Competition Law “for the distinctive and unique appearance of certain decorative aspects of its packaging across particular product lines (in this case, LEGO Friends)”. The court also decided that the two Chinese companies must stop copying the packaging and logos of LEGO products in the future. The decision come into effects in November 2017.

Before the case was referred to the Shantou Intermediate People’s Court, Beijing Higher Court passed a ruling that recognized Lego's name and logo as well-known trademarks in China.

The decision came at a time when the Chinese government intends to improve protections for owners of intellectual property in China. The new Anti-unfair Competition Law, promulgated in September, and which came into force on January 1, 2018 was designed to achieve that end.