A fight over small toys just got really huge. The LEGO Group, better known as just LEGO, maker of toy plastic bricks used to construct various objects, and minifigure figurines, which look like people with interchangeable parts, has filed a lawsuit against Thaddeus Dillon, owner of Big Papa’s Collectibles, for copying its minifigure figurines. The claims in the complaint include copyright infringement, trademark infringement, unfair competition, trademark dilution and several state law claims.
According to the suit, which was filed in the United States District Court for the District of Connecticut on October 7th, the minifigure figurines have been a part of the LEGO brand since 1978. The company owns several copyright registrations and licenses related to the minifigure figurines, and it has displayed the copyright symbol in various locations on the minifigure figurines since 1993. LEGO also owns several trademark registrations related to the minifigure figurines.
“As a result of the long and extensive use of the Registered Minifigure Trademarks, and the significant sales, promotion, advertising, third-party licensing, and commercial success under those marks, the Minifigure figurine has achieved such widespread public exposure and recognition that it is distinctive and well-known and famous among the general consuming public of the United States and abroad,” says the complaint.
LEGO alleges that Big Papa’s Collectibles (BPC) sells figurines that are “strikingly and substantially similar” to its minifigure figurines on a website, and at toy fairs and conventions. The website ships products both nationally and internationally. Through accompanying photos, LEGO shows the infringing figurines, which depict well-known comic book characters like The Joker, Wolverine, and Spiderman. “The LEGO Group of Companies has no agreement of any kind with BPC that would authorize the sale of the Infringing Figures,” reads the suit. “The BPC Logo is depicted on the BPC Website, social media, and comic convention signage and is confusingly similar to the LEGO Group of Companies’ Registered Trademark.”
LEGO asserts that it made several attempts to resolve the issue between the companies before filing the suit, by sending formal cease-and-desist letters, requesting that Big Papa’s Collectibles stop selling the minifigure figurine copies. LEGO claims that as recently as August of this year, the company was selling them at Boston Comic Con, and hadn’t responded to any of the letters.
On the trademark claims, LEGO says Big Papa’s Collectibles continued sale and advertising of their toys is likely to cause confusion, mistake or deceive consumers as to the “origin, sponsorship, or approval of the products.” LEGO also says that since the minifigure figurines are famous, Big Papa’s Collectibles toys are likely to cause dilution. In the wake of the lawsuit, the website of Big Papa’s Collectibles is no longer available and products can’t be purchased.
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The case is Lego A/S et al. v. Thaddeus Dillon, case number 3:16-cv-01683, District Court of Connecticut.
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