Intellectual Property, Lego Case and Mattel Case.docx

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Western University
Management and Organizational Studies
Management and Organizational Studies 2276A/B
Frederick King

IP, Mattel and Lego 4/2/2013 6:23:00 AM Intellectual Property  Property law – the struggle over who gets what rights and who owns which things  Property – a relationship between people with respect to things  Economic arguments: o If we want people to create new things, we must give monetary incentive o The creator has the right to profit from his or her work because they were the one who created it Lego  Patented Lego blocks all over the world and profited highly from it  Their patent expired so they tried to claim all property rights regarding anything made like their Lego blocks to maintain their monopoly  Mega Blocks – essentially the same thing as Lego blocks, indistinguishable products  Lego claimed that they had an unregistered trademark – the little nibs on top of their block pieces o Trademark law says that registered trademarks can’t be purely functional (doctrine of functionality) o Lego said that the doctrine only applied to registered trademarks and they had an unregistered trademark  Trademarks Act o This case was the first challenge to the Trademarks Act that might be unconstitutional  Mega Blocks said that the trademarks act was unconstit
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