Background
The Plaintiff, Kirkbi, previously held patents in the design and form of Lego blocks. These patents had expired in Canada and elsewhere. The Defendant, Ritvik, produced the pieces known as Mega Bloks. Kirkbi attempted to register the design of their blocks as a trade-mark but was denied by the Registrar of Trade-marks. Kirkbi then asserted unregistered trade-mark rights against Ritvik, claiming an unregistered trade-mark in the distinctive orthogonal pattern of raised studs distributed on the top of each toy-building brick. In response, Ritvik denied violation of trade-mark law and sought a declaration that it could continue to sell its blocks.
Read more about this topic: Kirkbi AG V. Ritvik Holdings Inc.
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