The CJEU confirms the concept of an informed user as

related to product designs in modular systems

Judgment of the Court of Justice of the European Union (Third Chamber) of 4 September 2025 (Case C-211/24)

The Court of Justice of the European Union (CJEU) has issued a ruling on the limits of protections for Community designs in the case of LEGO A/S v. Pozitív Energiaforrás Kft., a Hungarian importer of toy building sets.

The dispute revolves around two LEGO registrations of its famous building blocks for modular pieces, whose shape allows for the multiple assembly of interchangeable products within a modular system.

The first relevant point of the decision is that the CJEU clarifies the concept of an informed user in the context of products falling under Article 8(3) of Regulation No 6/2002 (products that allow the multiple assembly or connection of mutually interchangeable products within a modular system).

The High Court makes it clear in this regard that an “informed user” cannot be a designer or a technical expert, but rather someone between the average consumer and a professional in the sector, i.e., someone familiar with the types of products and that demonstrates a relatively high level of attention, but who would assess any similarity from an overall visual impression, not a detailed technical analysis.

The second notable point is the Chamber´s conclusion that the fact that an infringement concerns only a small number of pieces within a larger assembly does not constitute special reasons to allow a national court to refrain from issuing an order of prohibition or seizure, this in accordance with Article 89 of Regulation (EC) No 6/2002 on Community designs.

Link to the resolution: click here

October 22, 2025