Court Of Appeal Blocks Lego

LEGO blocks are among the most readily identifiable childhood toys. Intuitively then, many consumers might find it difficult to believe that courts would allow another manufacturer to produce and sell an outright copy.

Nevertheless, the Federal Court of Appeal in Kirkbi and Lego Canada v. Ritvik Holdings produced exactly that result. The decision brings Canada in line with decisions by courts in other countries, including the United States and England, which have considered the blocks.

Kirkbi and Lego Canada are both members of the Lego Group of Companies. Lego markets construction blocks characterized by cylindrical studs on their upper surfaces which enable the blocks to attach to each other. Ritvik sells substantially identical blocks in association with the trade-mark MEGA BLOKS that can be used interchangeably with the LEGO product. Kirkbi and Lego commenced an action against Ritvik under paragraph 7(b) of the Trade-marks Act ("Act") alleging that Ritvik was passing-off its