LEGO Is Getting Sued For Violating Copyright Of Jacket In Toy Set
By Mikelle Leow, 13 Jan 2022
Nahsss, queen! LEGO is being taken down to pieces over one of the fashion choices in its Queer Eye set. According to The Fashion Law, New York-based James Concannon has filed a copyright infringement case against the toy company for “intentionally” replicating a leather jacket he had designed for one of the show’s cast members, Antoni Porowski.
Concannon details in its complaint, filed in a Connecticut federal court in December, that LEGO knew what it was doing because it had offered “a free Fab Five Loft set—which retails for $99.99—for [his] six-year-old son to play with” in exchange for recreating the look.
However, the brand supposedly walked back on its end of the bargain, “telling [him] that LEGO does not give away its products for free.”
The artist says that, on account of his friendship with Porowski, he has been okay with the star donning his garments on set, as Porowski would frequently mention the originator of the artworks. Netflix also usually clears the outfits for use, save for when the leather jacket was worn, as per the lawsuit. The artist dismissed this as a one-time “oversight.”
Concannon shares in the document that Porowski had sent over a plain black leather jacket to be personalized by the artist, who gave the piece his signature touches.
That's right! Lego is getting sued for allegedly infringing the copyright in.....drumroll....a leather jacket.— Mike Dunford (@questauthority) January 11, 2022
Specifically, the question for the courts in this one is going to be whether the pictured jacket is substantially similar to the pictured lego.https://t.co/zFdi2i07Fl pic.twitter.com/QBVeufJeQ6
However, LEGO—“the largest toy company in the world, with over $5 billion in annual revenue… painstakingly copied not only the individual creative elements of the jacket, but the unique placement, coordination, and arrangement of the individual artistic elements, as well,” the plaintiff declares.
Accordingly, Concannon’s attorney had sent the company a cease-and-desist letter, only to be told by the toy giant that escalating the issue would “be an ‘uphill battle’ [for them].” LEGO also purportedly claimed that, by gifting the garment to Porowski as a friend, he had granted “implied license” to Netflix and, by extension, LEGO itself.
Concannon isn’t closing an eye on this supposed fashion faux pas. He is now seeking monetary damages, including statutory damages and legal fees.
[via The Fashion Law, images via various sources]
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