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Lego had a patent on the design of the bricks 50 years ago - but failed to get a trademark on the shape of the bricks.

Apple got a design patent on the general shape of the iPad. Design patents are a convenient way to get around the fact that trademarks offer much less protection than patents and are generally assessed rather more sensibly.



Design patents are an abuse of patent law.


My point is: even if they'd secured a trademark on the shape of the bricks, if that trademark covered functional aspects of that shape, the protections would not apply. Lego could attempt to enforce them, but a competent defence and court would reject them.




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