On 11 December 2012, the Brussels Court of Appeal rendered an 84-page judgment against the Belgian company TKS, the holder of the Ice Watch trade marks. In its judgment, the court issued an injunction against further use of the packaging, tags, furniture and other items reproduced below, which were held to be confusingly similar to LEGO’s 3D trade marks.
The Brussels Court of Appeal confirmed that the LEGO Group’s 3D trade marks are indeed valid and protected. With reference to several market surveys submitted by both parties, the court held that a “significant percentage” of the public is effectively confused as to the commercial origin of the goods.
The court found that TKS gave the false impression that it somehow benefits from the LEGO Group’s direct or indirect support, which is forbidden.
Consequently, the Brussels Court of Appeal issued an injunction which is enforceable throughout the entire European Union. TKS will have 90 days, as from service of the judgment by the LEGO Group, to abide by the terms of the injunction. In the event of any violation, TKS must pay the LEGO Group €200 per infringing product and €10,000 per day the infringement continues.
In addition, the court has ordered that parts of the judgment be posted for one month on the homepage of TKS’s website, www.ice-watch.com.
The NautaDutilh team advising LEGO consisted of Florence Verhoestraete and Tanguy de Haan.