On Your Mark (Part 2): Louise Lego Andersen Whips LEGO in Court

Blogger for Benjamins Jaffe recently vented spleen over LEGO's request that we call their toys and bricks "LEGO bricks" or "LEGO toys", rather than simply "Legos".  It was a silly vent, one that illustrated Jaffe knows little about protecting intangible assets, and Jeremy Pepper was quite right to call him out on it.

(To get you up to speed: LEGO is a Danish maker of toys, especially distinctive building bricks. Jaffe practices PR, I believe, somewhere in New England, I believe).

The real LEGO & Intellectual Property story this week is entirely different.

I am a big fan of LEGO. Years ago, they were a client of mine.  I have -- on behalf of two children -- invested heavily in their wonderful products. And, seeing LEGO up-close & local as I do, have nothing but respect for their corporate governance and care for employees.

But even I have to admit they went off the rails when they sued Louise Lego Andersen, an art dealer and gallery owner,  for trademark infringement.

Here in Denmark, the name Andersen is extraordinarily common. As with Jensen, Hansen, Rasmussen, you can't throw a brick down the street without braining an Andersen. So it's common practice for people with common surnames to be known by their middle name -- a sort of surrogate surname. This isn't about vanity; it's just handy. Ask a Dane about Poul Rasmussen and Anders Rasmussen and you will get a blank look. Ask about Poul Nyrop (Rasmussen) and Anders Fogh (Rasmussen), and  she'll know you are talking about the former and present Prime Ministers.

So it's not surprising that Louise Lego Andersen  -- who goes by Louise Lego --  chose to call her gallery  Galleri Lego.

LEGO sued. Trademark infringement. Dropped on her like a jaguar out of a tree.

But... as Berlingske Tidende reports today, Louise Lego whipped LEGO in court yesterday:

"The Admiralty and Commercial Court handed down an preliminary ruling giving Louise Lego Andersen relief in 95% of her case, which is about whether her gallery can be called 'Galleri Lego'."

The ruling becomes a verdict in the next week or so. Either party can appeal the verdict to the Court of Appeals or, in the meantime, agree to a court-proposed settlement. Both parties are weighing their options.

The "5%" that's still in question?

"'The remaining five percent, where the court ruled against us, is about how Louise's name will appear in search engine queries', said attorney Egil Lego Andersen. 'Obviously, we don't agree with that part of the ruling, but that's small stuff.  I believe the court reached the right conclusion.'"

I think Egil Lego knows more about SEO than he lets on.

Technorati tags: lego louise lego

Posted by Allan Jenkins on September 14, 2005 at 10:39 AM in Bizarre but Expected, Corporate Governance, Denmark, Intellectual Property, Law | Permalink

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