Lego won the minifigures patent. So what now?

[Itaria No Shintaku]

I read that LEGO won the minifigures patent:

http://www.thefiscaltimes.com/2015/06/23/Here-s-How-Lego-Patented-Its-Mini-Figures-and-Won

so basically I think that now whoever wants to sell customised minifigures should pay they royalties to LEGO.

If that's not the case, why not?

Thanks.

[kid]

I would imagine not if you are re-selling Lego parts.

[Itaria No Shintaku]

Well, not all customizers re-sell LEGO parts!

[tedbeard]

Selling non-LEGO parts is not covered by the trademark (not patent) case. Re-selling minifigures themselves is generally allowed under fair-use provisions of applicable laws.

What this covers is using the minifigure in producing original works not authorized by LEGO such as:

• t-shirts with depictions of minifigures
  
• third-party manufactured figures that look like LEGO minifigures
  
• selling a minifigure costume or sculpture
  

[Prairie]

I read the story as saying that LEGO can now stop Best-Lock from selling minifigures with the same features as LEGO minifigures. Companies can clone LEGO brick shapes (except the LEGO logo), but now not the minifigure shapes. So I think that this will allow LEGO to go after minifigure vendors who mold their own rather than customize LEGO-produced ones.

[MAB]

I can't see them going after the Chinese based companies selling knock-off minifigs that flood ebay.

[Robianco]

I think they COULD go after them but the issue of the Chinese government allowing prosecution of those companies is questionable as cloning of products is rife... From cars to electronics.

I don't see this having any effect on customisers and not should it. The fact that a custom figure may feature a design of a copyrighted character is a different matter... That's up o the license holder.

That article didn't give any indication of not being able to print on Lego and then sell it, as others have said... You just can't mould your own following Lego's design nor can you use a minifigure likeness on your merchandise without permission.

[Itaria No Shintaku]

If I have the rights on a song, someone can sing it, but not make money over this.

So I believe that nobody is eligible to make money over non-LEGO minifigures without LEGO's permission.

[Robianco]

Why would they need permission from Lego if the mini figure is non-Lego?

If you mean a custom figure that hasn't been done by Lego then that's up to the License holders to enforce... and if they don't then I don't see how or why someone else should or would be affected by it.

People have been printing custom minifigures for years... years and years. If it was something Lego felt the need to stop they've had plenty of time to start action against them but haven't.

Same as if you owned the rights to a song it's up to you if you let someone sing it... if you just let them then that's fine... It's not up to anyone else to raise an issue with you letting them.

[MinifigureHQ]

The trademark over the mini figure has been in place for years.

Edited June 29, 2015 by MinifigureHQ

[wendyw]

I'm surprised they won this actually. The argument I've seen before was that because they patented the design (which then expired) they couldn't trademark it, the same design could not be covered by both patents and trademarks. To be covered by a patent it must be a functional design and that functional designs could not be trademarked. By applying for and receiving a patent on the minifigure they essentially ruled out the possibility of getting a trademark on it.

[Faefrost]

I'm surprised they won this actually. The argument I've seen before was that because they patented the design (which then expired) they couldn't trademark it, the same design could not be covered by both patents and trademarks. To be covered by a patent it must be a functional design and that functional designs could not be trademarked. By applying for and receiving a patent on the minifigure they essentially ruled out the possibility of getting a trademark on it.

It was the basic 2x4 brick that could not be trademarked because it was a patented functional design. The minifigures are a number of individual patents combined to form a single visual and recognizable trademarked icon seperate from the individual patents.

[smiley200]

I think custom mini-figs should be treated the same a fan-fiction, they are a fans interpretation of a brand. However i'm not sure how this would play out with Selling?

[Blampop]

OK, I know this is "Euro"-Bricks, and an old thread. But since it comes up on a google search, I thought I'd leave a note...

In the US we have The Right of First Sale: https://en.wikipedia.org/wiki/First-sale_doctrine

If you buy genuine lego parts, from an authorized retailer, customize it, and then sell it to someone, you haven't broken a law. But, if you were to do it on a large scale, or otherwise try to sell it as a genuine (non-custom)/  LEGO endorsed product, then, you might have trouble.

Check your local laws. :)

[meepinater]

What about companies like minifig co or citizen brick? that's not illegal... i guess they are just printing on blank torsos... also i think if you say something on your product like "we are not affiliated with lego an any way and this isn't an official tlc product" then you will be fine, eve on a massive scale.