At the beginning of the month, LEGO published an interesting press-release, titled The LEGO Trademark Recognized as a Well-Known Trademark in China. Initially, this was viewed by LEGO fans as a positive step towards fighting LEGO cloners like Lepin, however it turns out that this case was about an entirely different matter. Still, it may indirectly help fighting Lepin as well, or at least that’s what LEGO fans are hoping for. So, let’s discuss this a bit. 🙂
In case you are not familiar with the world of LEGO compatible brands, imitators, and cloners, here is a bit of introduction. LEGO is undisputedly the most well-known construction-toy brand, however there are also other brands that use either the same or similar building elements and methods for their own construction-toy lines. Most of these brands keep their products compatible with LEGO (same brick sizes, similar figures, etc.), and basically ride on the coattail of LEGO’s popularity. Because these brands have their own product lines and licenses, and enough uniqueness to differentiate them from LEGO, they are completely legitimate construction-toy companies. Many LEGO fans (including myself) collect sets and characters from some of these competitors. Healthy competition is a good thing, as it offers variety for fans, and it also keeps LEGO on their toes. Good examples are Mega Construx, Kre-O, Oxford, etc.
In terms of LEGO imitators and clones, there is everything from the not-so-legal to the outright illegal. The not-so-legal ones are usually pitiful attempts to imitate LEGO sets, mostly created for a market that can’t afford, or don’t have access to, real LEGO. Most of these imitations are very poor quality, but they at least try to put some effort into differentiating their products from LEGO. Make no mistake, they are still shady, and they often steal LEGO’s designs, but they may do things like mix up LEGO themes and characters to stay away from too much legal trouble. On the other end of the spectrum are the shameless thieves, who take official LEGO sets and replicate them entirely, including instructions, box design, minifigs, parts, and everything else. The prime example of this is Lepin, recreating every single large collectible LEGO set (both retired and new) with frightening speed and accuracy. It is interesting to note that due the seeming inaction and/or inability of LEGO to fight cloners, they are getting bigger and bolder. Lepin almost exclusively markets their products to LEGO’s own audience in Europe and North America, and recently they also started stealing designs shared by LEGO fans. If you would like to learn more about clone brands, I highly recommend checking out Anthony Tomkins’ very detailed and humorous Communist LEGO review series, that you can download as PDFs from Brickset: Communist LEGO – 2015 Edition, Communist LEGO – 2016 Edition, and Communist LEGO – 2017 Edition
Long-time LEGO fans have been watching with concern as younger fans, and even their peers, are turning to Lepin to buy replicas of retired LEGO sets (which is somewhat understandable, as retired sets can be very expensive on the secondary market), and even copies of brand new LEGO sets that were just released. What draws people to Lepin is the cheaper prices, which is usually about half of real LEGO sets. Quality is questionable, there are missing or incorrect parts in pretty much all Lepin sets, and Lepin has very little resale value. Still, a growing number of people are willing to sacrifice quality to own a set that looks almost like LEGO’s original version.
LEGO hasn’t made a public statement about what they are doing about all of this, which is understandable, as legal matters can be quite drawn out and complicated, and it is also sometimes better not to say anything than say something that can be misinterpreted. But fans are concerned, and they would like to know what’s going on. So, when the recent press-release came out, LEGO fans immediately took it as a sign that LEGO is making some headways in fighting cloners. Below is the full press-release:
The Beijing Higher Court passed a ruling earlier this year [July 22, 2017] that recognizes the LEGO® logo and the LEGO name in Chinese as ’well-known’ trademarks in China. The well-known trademark recognition is an important milestone in getting broader protection for LEGO trademarks in China. This means that the LEGO Group is now in a better position to act against infringement of LEGO trademarks, also outside the toy category.
Peter Thorslund Kjær, Vice President, Legal Affairs in the LEGO Group, said: “The ruling by the Beijing Higher Court is very important for the LEGO Group. It reflects the significant effort and investment put into marketing the LEGO brand and products towards the Chinese consumers, and it further reduces the risk that consumers in China are misled when they see the LEGO logo or the LEGO name in future. We are now in a better legal position acting against infringement of LEGO trademarks and defending our trademark portfolio.”
“We see this as a recognition of our status in China as a known and loved brand by parents and children, and we appreciate the support from the Chinese government and authorities to ensure the continued protection of millions of Chinese consumers as well as our unique trademark and logo.”
The LEGO Group actively protects its trademarks globally and each year brings relevant cases to courts to ensure that consumers can always trust that a product carrying the LEGO logo or featuring the characteristic LEGO design is genuine.
“Since 1932 the LEGO name and the LEGO logo have been a guarantee of the highest safety and quality standards. We are committed to doing what it takes to protect children and assure parents that when a product features a LEGO logo it will offer the best quality, as well as be great fun to play with. We will continue to take action globally when we see attempts to mislead consumers and infringement of our trademarks and copyrights,” said Thorslund Kjær.
What consumers can do to ensure they get a genuine LEGO experience:
- Look for the LEGO logo and LEGO name on the product
- Look for the LEGO name on the bricks inside the box. Every genuine LEGO element has the LEGO name on it.
What makes LEGO products unique:
- All LEGO elements made since 1958 fit together.
- Each element has to pass thorough tests to ensure the durability and clutch power as well as physical safety requirements.
- All raw materials used to manufacture LEGO bricks are thoroughly tested to ensure they meet the strictest global requirements for safety.
When reading this press-release, it does sound like good news, and in some ways it is. However, when a LEGO fan who runs a blog reviewing Chinese clone brands looked deeper into it, they discovered that this case has nothing to do with Lepin or other LEGO clone brands. It’s about fighting an optical shop in Shanghai who also called themselves LEGO. Even though LEGO disputed the trademark registration of the optical shop, they kept loosing the case because the shop is in a completely different business. Until finally, the Beijing Higher Court recently ruled in favor of LEGO. By the way, it’s worth mentioning that LEGO has been fighting this particular case since 2012. Just to show you how long these things take. And that just one shop that’s not even a real competitor as far as products go. You can read the full article with all the details here: Toys vs. Spectacles – The Truth Behind the Recent LEGO Court Case
Unfortunately, it seems like LEGO opened up a real can of worms when they built a factory in China, and they are going to have to fight a very long battle to protect their name and products in an area of the world where there is very little respect for intellectual property and trademarks. In the meantime, there is a real danger of LEGO continuing to loose fans in their already established markets, as Lepin and similar brands are becoming more well known as cheaper alternatives to LEGO’s own sets…
What do you think? Do you have any concerns, insights, questions, or comments about LEGO fighting cloners? And what do you think of the recent ruling? Do you own, or have you thought about buying any LEGO clone sets? What’s your view on them? Feel free to share your thoughts and discuss in the comment section below. 😉
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