Hello!

I've been spending my recent time with creating a PC game where the player creates houses, furniture and more with building bricks (there's more to it, but that's the main concept). Once this project is finished I'd like to sell it. Since this is obviously inspired by my favorite toy (you may guess which one it is), I don't want to get in trouble with the LEGO company.

I sent an email to LEGO where I asked which part of LEGO is licensed and must be changed to avoid identification with LEGO. The answer was: get in contact with a lawyer.

Before I do that, I'd like to ask here whether anyone knows what a LEGO clone must not contain. Maybe someone of you is actually a lawyer.

Some information about my idea of the bricks for my game:

• The aspect ration is 1:1 instead of 8mm:9,6mm
  
• Due to the other aspect ratio, it's not possible to recreate LEGO models/designs (at least not when they use SNOT elements)
  
• The studs are diamond shaped
  
• On the bottom there is no complex system, only a stud-shaped hole
  
• Figures are not planned for this game - if there will be some anyway, their anatomy will be more human than minifigures
  
• Basic shapes can't be avoided but decoration elements will obviously have a different shape
  

Trivia: There is a game called Blockland, which used to be an official LEGO game, if I'm informed right. The creator stepped out of the deal and designed it to look different so there is no problem. Here you can see what it's bricks look like: http://blockland.us/Screenshots.html ... am I fine?

Thank you in advance!

I think most of the physical characteristics of the Lego bricks are not legally protected. I believe Lego tried to protect them but failed. This is why Mega Bloks and all those "Lego rip-offs" exist and they are VERY similar (except in quality ;p).

Don't quote me. This is from reading about random stuff through the years. My memory is hazy. But I really don't think Lego can legally protect much of anything on their elements besides the "LEGO" logo. This is why they are so protective with their brand and want everyone to pretend they control the English language when they pretend "legos" is an incorrect term, ignoring that no English teacher can mark that wrong on any English paper.

You may be confusing copyright with other types of legal protection. LEGO has patents on various features of its interlocking system. Some of those patents have expired, some have not. LEGO also has protected its logo and name and related elements as a trademark. It tried to claim ownership of the image of a basic brick with knobs on top, but failed in court.

And because LEGO is an international company, different elements may be protected in one country but not in another. It really is a very complicated situation that you should consult a lawyer about if you intend to make and sell a product similar to another one. The simple answer is that there is no formula for making something just different enough from something else to avoid infringing on intellectual property. Even if you have a specialist lawyer research everything and give you advice, if LEGO feels your product is too similar to their own, or that consumers might be confused into thinking your product is made or endorsed by LEGO, they can take you to court and make the argument before a judge.

It is not easy to get a clear answer, I think you need to ask yourself if it is really worth doing it and the risks it brings?

Thank you for your replies! It really helps me.

The reason I ask this now is I don't want to edit hundreds of models later on and I hoped there might be a clear answer to this question before I start modeling.

@Paul B: How would you design some fictional building blocks? Without the studs it'd be kind of boring, even though there are no limitations of where you can build in the game (you don't need the studs and you can intersect pieces).

@Paul B: How would you design some fictional building blocks? Without the studs it'd be kind of boring, even though there are no limitations of where you can build in the game (you don't need the studs and you can intersect pieces).

You could use groves, pins or some other method. Doing what you are thinking of doing "might" be okay and you might get away with it but then you might not :(

I am not a lawyer, but looking at what you have provided above I cannot see how you would be in any legal trouble with LEGO. Anyone who tells you it is a problem is most likely a lawyer looking for a fat payday.

As posted above if MB and the other clone brands can use round studs and the same measurements for basic bricks I cannot see how anyone could say there is a conflict with diamond-shaped studs and a totally different set of measurements.

Remember the conflict LEGO had with the video game ROBLOX? The game company had to change the shape of their studs slightly and remodel the characters I think.