The LEGO case: The Supreme Court of Canada makes it harder

June 2006

The LEGO case: The Supreme Court of Canada makes it harder

bouton-vers-francaisRichard S. Levy
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514 878-3214

PI-Levy-LegoCase-EN-The thesis of this article is that the Supreme Court's view on these issues created too high a hurdle for functional product shapes to act as trademarks. The court did not recognize that the settled functionality doctrine is too inflexible and overlooked cases that presented a more nuanced view.

This bulletin provides general comments on recent developments in the law. It does not constitute and should not viewed as legal advice. No legal action should be taken on the basis of the information contained herein.

 

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