Intangiblia™

Case Study: Lego’s Playbook For Intellectual Property

• Leticia Caminero • Season 7 • Episode 2

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Think a lost patent ends the story? We unpack how Lego turned a single technical invention into a platform for decades of innovation, brand power, and adult creativity. Starting with the 1958 stud-and-tube coupling, we explain what the original brick patent really covered, why its expiry didn’t sink the company, and how modern patents protect motion, mechanisms, and programmable systems rather than basic interlocking. From there, we map the rest of the toolkit: trademarks for source identity, design rights for appearance, and copyrights for expressive elements.

We also dive into the courtroom rulers that drew bright lines on functionality. Attempts to trademark the brick shape faltered in Canada and the EU because function can’t double as a brand signifier, while the minifigure shape prevailed as a 3D trademark. A later EU design-rights win showed that even bricks have protectable visual features when not purely functional. Enforcement cases against Best-Lock and Lepin underline how copyrights and trade dress defend minifigures, packaging, and character designs across markets.

Then we switch from courts to culture. Lego’s adult strategy blends nostalgia with display-worthy design: Star Wars Ultimate Collector Series, sleek Architecture skylines, and the Botanical collection that doubles as decor. Black-box, 18+ packaging telegraphs “made for you,” and the brand leans into mindful building as a calming, creative ritual. Finally, we explore Lego Serious Play, an open-source methodology that spreads fast through facilitators while the company retains the brand and sells specialized kits. It’s a masterclass in sharing the method but owning the name.

If you enjoy smart takes on how IP, marketing, and design shape the products you love, hit follow, share this with a friend who builds, and leave a review to tell us which Lego insight surprised you most.

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The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.

Artemisa:

Intellectual property is often described as protection. Lego treats it as a design tool, from bricks to brands, from sets to strategy. This episode is about how Lego used IP to grow, reinvent, and invite adults back into play.

SPEAKER_01:

You are listening to Intangibilia, the podcast of Intangible Law. Plain talk about intellectual property. Please welcome your host, Leticia Caminero.

Leticia AI:

Hello and welcome to Intangibilia. I'm the AI version of Leticia Caminero, your host and intellectual property expert.

Artemisa:

And I'm the playful AI co-host Artemisa.

Leticia AI:

In today's episode, we're exploring the fascinating world of Lego, from its decades-long legal battles over patents and trademarks to how it markets to adult fans and even its unique serious play methodology in business and education.

Artemisa:

That's right. We'll dig into Lego's intellectual property: patents, trademarks, copyrights, design rights, trade dress, and landmark cases like megablocks and LePen. Then we'll see how Lego designs and market sets for adult builders. Think Star Wars Collectors and the botanical and architecture lines. Finally, we'll explore Lego Serious Play, its origins as an internal tool, its open source strategy, and how it's become a brand building workshop for companies and schools.

Leticia AI:

It's a lot to cover, so let's build this episode brick by brick.

Artemisa:

Letitia, everyone knows Lego for one thing. The brick. So let's start there. What exactly did Lego patent back in the day?

Leticia AI:

The iconic Lego brick was patented in 1958. But the patent was not about the brick being rectangular or having studs on top. It protected the technical invention, the stud and tube coupling system inside the brick. That internal structure is what gives Lego bricks their clutch power, stability, and ability to be reused endlessly.

Artemisa:

So the magic was inside, not on the surface.

Leticia AI:

And that patent gave Lego exclusive rights for about 20 years, which is the standard patent term. During that time, no one else could legally manufacture bricks using that same technical solution.

Artemisa:

And then the clock ran out.

Leticia AI:

Yes. By 1978, Lego's last major brick patent expired. That was not a failure. That is how patents are designed to work. Once a patent expires, the invention enters the public domain. That means competitors are legally allowed to use it.

Artemisa:

Which explains why suddenly compatible bricks appeared everywhere.

Leticia AI:

Companies could now legally produce interlocking bricks.

Artemisa:

And this is where people assume Lego lost control.

Leticia AI:

But that is not what happened. What Lego lost was exclusivity over one invention, not over its entire business. So Lego adapted.

Artemisa:

Before we go there, pause for a second. Can you explain patents in simple terms?

Leticia AI:

Of course. A patent protects a technical invention, something that is new, inventive, and industrially applicable. In exchange for publicly explaining how the invention works, the inventor gets a temporary monopoly, usually 20 years. After that, society gets to use the invention freely. Patents are not meant to last forever. They reward innovation.

Artemisa:

So Lego played by the rules.

Leticia AI:

Very much so. And once the brick patent expired, Lego shifted its focus. Instead of trying to re patent the same brick, which would not be legally possible, Lego started patenting what came next and reinforcing with other IP figures.

Artemisa:

Let's talk about that. Does Lego still have patents today?

Leticia AI:

Yes, absolutely. Lego holds hundreds of active patents worldwide, but they are very different from the original brick patent.

Artemisa:

Different how?

Leticia AI:

Today, Lego patents focus on innovation at the edges, not the core brick. For example, new connection mechanisms for specialized sets, mechanical systems in Lego technic, gears, axles, suspension, steering, and structural solutions for large or moving builds. These patents protect how things move, transform, or interact, not basic interlocking.

Artemisa:

And this is where robotics comes in. Lego has patents related to robotics, sensors, motors, and programmable systems, especially through its education and robotics platforms. These inventions sit closer to engineering and educational technology than traditional toys. So patents did not disappear. They just moved.

Leticia AI:

That is the key point. Lego uses patents today, exactly how patents should be used to protect new technical solutions for a limited time while continuing to innovate. The brick became a platform. The patents protect what Lego builds on top of it.

Artemisa:

And the rest of the protection comes from other IP tools.

Leticia AI:

Patents handle innovation. Trademarks protect the Lego name and brand. Design rights protect how products look. Copyright protects minifigures, instructions, and storytelling. Together, they form a system.

Artemisa:

So the lesson isn't about keeping a patent forever. It is how to survive after it expires.

Leticia AI:

Lego did not fight the patent system. It designed around it. And that is why, decades after losing its core patent, Lego is still one of the strongest IP case studies in the world.

Artemisa:

Now, let's start with some cases. The classic rival, Megablocks.

Leticia AI:

Sure. When Megablocks, later megabrands, began selling compatible bricks in 1991, LEGO sued on trademark grounds. In 2005, Lego asked courts in Canada and Europe to protect the shape of its A-stud brick as a trademark. Both times it lost. Courts said the brick shape was functional. It's necessary for the brick to work, so it can't be trademarked. In Canada's Supreme Court, Lego's attempt to claim exclusive rights to the brick's design was rejected. Functionality kills trademark rights here.

Artemisa:

In simple terms, because the brick shape is needed to make it locked together, courts ruled it's not a brand logo, but a useful feature, so competitors can make similar bricks.

Leticia AI:

For protecting how a product functions, there are other types of IP, such as patents.

Artemisa:

The same principle came up in Europe. In 2010, the EU's highest court said Lego's trademark on a red brick was invalid. Its features were determined by the technical function of interlocking. Lego can't stop others from making compatible bricks purely by shape.

Leticia AI:

But Lego hasn't lost every shapefight.

Artemisa:

Right. It's about nuance.

Leticia AI:

For example, Lego successfully trademarked the shape of its minifigure. In 2015, the EU general court upheld Lego's 3D trademark on its minifigures against best locks challenge. The court effectively said this particular figure shape wasn't purely functional and could identify Lego as a source. That's a win for Lego's trademark strategy.

Artemisa:

So minifigure shape, protected. Brick shape, not protected, due to functionality.

Leticia AI:

And actually, in 2020, the EU General Court took a middle ground on bricks via design law. Lego had registered the basic brick as a community design. Delta Sport tried to invalidate it, again, saying every feature was functional, needed to interlock. But the court ruled the brick's design was valid, noting some features like the flat sides weren't purely functional and could be considered part of the design. In other words, under design right rules, Lego won protection for the brick's appearance that goes beyond mere function. Interesting. So even though the trademark failed, Lego is using EU design rights to protect the brick's look. Precisely. Now, beyond shapes, Lego has aggressively used copyright and trade dress against copyists. Take best luck, a British maker. In 2019, a US court found best lock's minifigures indistinguishable from Lego's, saying best luck copied protectable expressive elements that are original to Lego. In short, Lego won a copyright infringement case against best luck, reinforcing that it owns the creative aspects of its minifigures.

Artemisa:

And what about Lepin?

Leticia AI:

Lego has a major win there. In 2020, Chinese courts delivered final decisions against Le Pin's manufacturer. They upheld rulings that 18 Lego sets and their minifigures were protected works under Chinese copyright law, and that copies by Le Pin infringed copyright. The courts even recognized Lego's trade dress in certain product packaging and characters. For its Ninjago, Nexo Knights, and Chima lines, the packaging design and character designs were deemed distinctive and protected under China's anti-unfair competition law. So Lego enforced copyrights, designs, and trade dress in China to shut down Le Pin.

Artemisa:

Impressive! So Lego uses a mix of IP tools, design rights, and copyrights for bricks and figures, and even trade dress to cover the packaging look.

Leticia AI:

They also carefully protect their brands, the name Lego, the brick configuration, the two by four stud pattern, and even the way their logo looks are all registered trademarks worldwide. Those remain inviolet. And internally, we should mention Lego has cleared many other cases, lawsuits against knockoffs in various countries, to show they constantly enforce IP and That's a lot of legal play.

SPEAKER_01:

Intangibilia, the podcast of intangible law. Plain tug about intellectual property.

Artemisa:

Now let's shift gears from courts to creativity. How Lego became a lifestyle for adults. Lego discovered that play isn't just for kids. Over the past decade, they've deliberately courted AFOLS, adult fans of Lego. In fact, Lego estimates adults make up a significant portion of the revenue. They do this through nostalgia and distinctive products.

Leticia AI:

Nostalgia is a powerful emotion. Lego taps into it by reminding grown-ups of their childhood with bricks. They even relaunch classic sets from past decades to appeal to older fans.

Artemisa:

Right. They also partner with beloved franchises that adults grew up with. Star Wars is a prime example. Lego's licensed Star Wars sets, especially the Ultimate Collector series, are basically aimed at adult collectors, often with dark themed boxes and 18-plus labels. Adults love displaying the Millennium Falcon or Death Star in their homes. As one marketing analyst put it, Lego targets adult collectors through the nostalgia of playing as kids and by offering architecture sets or botanical models that look like art displays.

Leticia AI:

For instance, the architecture series, famous skylines in brick form, has sleek black or white packaging and minimalist design. It's sold as display pieces for desks and shelves, not just toys. The botanical collection is another Lego flowers and plants designed for home decor. These sets are marketed as gifts or decor items that never wilt, appealing to homemakers and decor fans. Good housekeeping notes that adult builders often display these uh botanicals in vases, mixing and matching them as if arranging real flowers.

Artemisa:

They're absolutely designed to look good on your coffee table. And Lego doesn't shy away from the message that building can be relaxing. Lego's own marketing lead for botanicals even said, many adult consumers find that building with Lego bricks is a great way to relax, get creative, and feel a real sense of achievement. They tap into the whole wellness vibe, building as a cozy, mindful hobby.

Leticia AI:

Speaking of messaging, Lego increasingly uses nostalgia-driven campaigns. They remind adults of childhood joys. One campaign might show a parent bonding with a child over bricks or reissue the original Lego set someone played with in the 1980s. These campaigns build emotional connections that say, remember how fun Lego was when you were young? It can be that way again.

Artemisa:

Instead of bright, busy, kit-focused boxes, they moved to a sleek, minimalist design, often set on a black background. The Lego logo shrinks to a corner, and the age recommendation of 18 plus is prominent. Anders Heligard Iverson, a senior marketing manager at Lego, explained that they did this so adult fans could easily show off their passion for the bricks and spot models they'd be proud to display. Check out set 10,273 Haunted House or 10,278 Police Station, both in matte black boxes labeled 18 plus under the new Lego for adults branding. This unifies everything appealing to grownups, creator expert classics, Lego ideas sets, even Star Wars UCS now sit under the same visual umbrella.

Leticia AI:

And testing showed it works. Lego's head of product says the black model focused packaging really heroes the model. The assembled set is front and center, drawing you in. The result? An adult seeing the box knows immediately. This was made for me.

Artemisa:

Also, Lego pays attention to color coding in subtle ways. A fan noted that adult-oriented botanicals used a dark green box background with 18, whereas the simpler creator version of the same flower set had a yellow box. The green signaled mature builder. The point is, from logos to fonts to color schemes, Lego's branding for adults is carefully crafted. Modern, sophisticated, and unlike a typical kid's toy box.

Leticia AI:

So Lego's strategy for adults is a mix of product design, intricate models, artful displays, emotional marketing, nostalgia, relaxation, and packaging that clearly says grown-ups only. The 18 plus label and sleek design. It's turned Lego into a lifestyle brand for many people.

Artemisa:

Let's look at a very different Lego venture. Lego Serious Play, LSP. It sounds playful, but it's a serious business tool.

Leticia AI:

In the mid-1990s, Lego's owner teamed up with two professors to develop a new approach to strategy sessions. The idea was radical. What if adults literally built models of their business problems with Lego bricks? Professors Johann Roos and Bart Victor developed a methodology in which teams use Lego to express ideas and solve problems in three-dimensional models. They called it Lego Serious Play, which aims to unlock everyone's imagination in strategic planning.

Artemisa:

Over the years, Lego refined this. And in 2010, they made a big decision. They open sourced the core method. Lego released the LSP methodology under a Creative Commons license as a community model. No more expensive licenses for coaches. Instead, Lego encourages a broad community of facilitators. Anyone can learn the method, but Lego still owns the brand. The name Lego Serious Play and the official kits remain trademarked and sold by Lego.

Leticia AI:

The Lego Serious Play website notes prior to 2010, LSP was offered through licensed partners. Today, it is an open source model where the Lego group markets the products and training is offered by experienced trainers in the community. In short, they stopped charging for the knowledge but still control the brand and materials. The FAQ even bluntly states: the Lego series play brands and IP rights are held by the Lego group.

Artemisa:

Why would Lego do this? Strategically, it made LSP spread faster. By 2010, demand for creative facilitation was booming. So Lego planted its flag in the corporate and educational world. Now thousands of businesses, consultants, and even schools use LSP. It's used for team building, problem-solving workshops, innovation labs, basically to change lean backward meetings to lean forward meetings, as one trainer puts it.

Leticia AI:

According to a LSP facilitator site, it's a facilitated thinking, communication, and problem-solving technique for use with organizations, teams, and individuals. In practice, CEOs build a Lego model of their vision, or students construct parts of an idea, then share stories about their models. It's highly engaging.

Artemisa:

So Lego Serious Play extends the brand in a non-traditional way by positioning Lego as a tool for adults' creativity and learning. It boosts Lego's reputation in business circles and opens a revenue stream from selling specialized LSP kits with unique bricks and elements. And Lego doesn't have to teach the method itself anymore. They rely on a global network of master trainers.

Leticia AI:

Interestingly, that association notes it was formed when Lego opened the method in 2010, which led to a surge of interest and training offerings. Lego achieved its goal. More people know Lego as a strategy tool, not just a toy.

Artemisa:

In sum, Lego serious play showcases how Lego uses IP and branding. The core methodology is free for all, so you can't claim monopoly on building with bricks ideas, but they keep exclusive rights to the name and kits. It's a smart balance. Cooperatively grow the idea, but ensure Lego's logo and product sales benefit. And that wraps up our deep dive into Lego's world of intangible assets, from courts to childhood, from marketing to methodology. We've seen how Lego has built its business by carefully playing its cards, stretching patents and trademarks where it can, fighting copyists to protect designs, embracing adult fans with emotion and design, and even innovating with open-sourced play tools.

Leticia AI:

We hope you enjoyed this Lego Bricklayer's tour of legal and branding strategies. If you liked hearing Letitia and me chew the corners off these stories, please subscribe to Intangiblia on your favorite podcast platform. Follow us on social media for updates and let us know what brand or topic we should unpack next.

Artemisa:

And remember, the next time you see a Lego set on the shelf, whether it's a$10 flower pot or a$1,000 Death Star, there's a story behind every stud of creativity, community, and yes, even courtroom drama.

Leticia AI:

Keep exploring the intangible, keep building your knowledge, and like Lego says, keep playing seriously. Thanks for listening to Intangibilia.

SPEAKER_01:

Thank you for listening to Intangible, the podcast of Intangible Law. Plain talk about intellectual property. Did you like what we talked today? Please share with your network. Do you want to learn more about intellectual property? Subscribe now on your favorite podcast player. Follow Wells on Instagram, Facebook, LinkedIn, and Twitter. Visit our website www.intangiblia.com. Copyright Leticia Caminero 2020. All rights reserved. This podcast is provided for information purposes only.

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Leticia Caminero

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