KINGDOM : Playing Cards for Lego fans live on KS

[badpete69]

[theCapraAegagrus]

Aside from having an awful tuck, and back design... Is this legal..?

[rousselle]

Green Army Men, hear me roar.

[RandyButterfield]

I'm guessing this won't last long!

I remember a Lego themed Deck from years ago. That one got cancelled and completely removed by Kickstarter.

I found it via Google. It looks like there isn't a UC thread for it, but there is one from PFC (from back in 2012).

http://www.playingcardforum.com/index.php?topic=2870.0" onclick="window.open(this.href);return false;" onclick="window.open(this.href);return false;" onclick="window.open(this.href);return false;

Thanks, Randy

[theCapraAegagrus]

I'm guessing this won't last long!

I remember a Lego themed Deck from years ago. That one got cancelled and completely removed by Kickstarter.

I found it via Google. It looks like there isn't a UC thread for it, but there is one from PFC (from back in 2012).

http://www.playingcardforum.com/index.php?topic=2870.0" onclick="window.open(this.href);return false;" onclick="window.open(this.href);return false;..

Thanks, Randy

You even commented on it and wanted some!

If the creator of the deck in the OP actually licensed the deck, and re-hauled the back design, this could be a decent deck. I think the courts are good for the limitations of Lego characters.

[RandyButterfield]

That's awesome! I didn't even notice that I had commented on the thread, when I found it.

I'm guessing his confidence that a new, Lego approved, design being ready soon was all a pipe dream!

Thanks, Randy

[sinjin7]

The Lego company is an interesting study on how complicated IP laws are. When Lego started out, they actually knocked off an existing product themselves, but they were legally able to do so because that prior company never applied for a patent for their toy building blocks. Lego, of course, did apply for a patent. But even in their patent, they couldn't claim they invented the design, so their patent was based upon the "improvement" of the existing toy building blocks. The issue of Lego's patent is a moot point because their patent expired in 2011 in the US. This means anyone and everyone can make plastic toy building blocks, even ones identical in dimensions and compatible with Lego's blocks themselves. So if the patent expired and anyone can make Lego-like building blocks, what was the problem with that steampunk Lego deck KS that Randy referenced, and what may be the problem here? (Children with short attention spans can just skip to the 4th paragraph).

Lego knew they could lose market share because several companies popped up internationally all making de facto Lego blocks, and all selling them at lower prices than Lego. Patents are always temporary, so Lego tried to indefinitely protect their product by trademarking their blocks. But the problem with that is that only certain things can be patented, and only certain things can be trademarked, there's a difference for a reason. Lego found this out the hard way by losing a series of lawsuits they brought against various companies. The courts properly ruled that you can't trademark a technical function of an item like Lego tried to do with their toy blocks.

But here is why the Steampunk Lego deck got shut down, and why this Kingdom Lego deck will be in trouble: Lego was able to win a case that established they could trademark their figurines. Lego argued the shape of their figurines wasn't something necessary to achieve a technical result, but rather an iconic design element that is uniquely attributable to the Lego brand. The courts bought that argument (and it was a good one) so now you have this weird IP hybird with Legos: The blocks themselves have no IP protection, but the little Lego people, and of course the Lego logo, do have trademark protection.

So if you want to use Lego blocks in your playing card design, go right ahead (just don't call them Legos). But if you use little Lego people as Kings, Queens, and Jacks in your deck, watch out! Lego is an extremely litigious company and are very active in hunting down perceived infringements of their intellectual property rights. Also of note, Lego spends a fortune on licenses themselves, as evidenced by the Star Wars Legos, Superhero Legos, Lord of the Rings Legos, etc... For you to get a licence from Lego to use their figurines in your card design will probably cost way too much for a typical KS card project with a print run of under 5000 decks.

[Bradius]

Who knew those little tykes could cause so much trouble? Thanks again sinjin7 for sharing more of your vast IP legal knowledge.

[RichK]

Very interesting info sinjin7, thanks as always.

You'd think they'd try to make the pips look like Lego but that be effort in deck design.

[Bikefanatic]

They could've been funko pop looking courts instead.

[RichK]

They could've been funko pop looking courts instead.

That'd be even worse. I don't understand the Funko Pop love. The heads are terrible to me. To each their own though.

[alric]

So if the patent expired and anyone can make Lego-like building blocks, what was the problem with that steampunk Lego deck KS that Randy referenced, and what may be the problem here? (Children with short attention spans can just skip to the 4th paragraph).

This is funny!

now you have this weird IP hybird with Legos: The blocks themselves have no IP protection, but the little Lego people, and of course the Lego logo, do have trademark protection.

I guess a solution for this deck is to construct court cards with just the blocks, but not in the shape of those little tykes. While it appears this deck isn't going to fund, I'm still surprised it hasn't been shut down yet.