IPPT20091120, NLSC, Lego v Mega Brands

Print this page 25-05-2011
IPPT20091120, NLSC, Lego v Mega Brands

SLAVISH IMITATION

 

Dutch Supreme Court

 

Standardization and slavish imitation
• Under circumstances a need for standardization among the buyers of the products can, however, lead to justification for the imitation of a product that causes confusion
• Other considerations for purchase do not affect the justification of the imitation, both in view of the compatibility and the exchangeability

No unnecessary confusion
• Color and location of the  name apparently suffi-ciently different to prevent a risk of unnecessary confusion

 

IPPT20091120, NLSC, Lego v Mega Brands