LEGO dealt legal setback over Queer Eye Antoni Porowski Minifigure jacket design
Antoni Porowski wearing the leather jacket designed by James Concannon on “Queer Eye” season four. (Christopher Smith / Netflix)
A US federal judge has refused to throw out key copyright infringement claims against LEGO over a minifigure jacket in its Queer Eye set, after designer James Concannon alleged the company copied artwork from a leather jacket he made for Antoni Porowski.
In a ruling dated 27 September, as reported by The Fashion Law, Judge Omar A. Williams of the US District Court for the District of Connecticut partially granted and denied LEGO’s motion for summary judgment, keeping Concannon’s direct, contributory and vicarious copyright infringement claims in the case.
Concannon sued LEGO in 2021 over the “Queer Eye – The Fab 5 Loft” set, released in September 2021. He claims rights in the artwork on the jacket, which include the use, combination and arrangement of its elements, and alleges LEGO copied that work for a similar jacket worn by the Porowski Minifigure.
Concannon publicly criticised LEGO in a November 2021 Instagram post, writing: “Been holding my inner grudge a second but SALTY today, so let’s do it. HEY @lego it was quite the honor to see my art remade by you,” and later adding: “I used to really like legos. Now = intellectual property theft. Feel free to tag @lego and let them know how you feel! Also if there any IP lawyer that think they can bring a case to fruition, get at me. Shame on you @lego.”
Why the copyright claims survived
The court found that Concannon’s gift of the jacket to Porowski, and knowledge it would be worn publicly, did not establish an implied licence broad enough to allow copying and distribution of the jacket artwork.
The court also rejected LEGO’s fair-use defence at this stage, finding the purposes commercial and concluding that accurately reproducing the artwork was not transformative. In assessing what counts as part of a celebrity’s “likeness”, the ruling drew a distinction between permanent tattoos and removable clothing.
Porowski commissioned Concannon to design a black leather jacket in 2018, and wore it on an episode of Queer Eye in 2019.
What the judge dismissed
However, not every part of Concannon’s case has survived. The court granted summary judgment to LEGO on his trade dress claim, while allowing his Connecticut Unfair Trade Practices Act claim to proceed.
The ruling also notes that an early version of the Minifigure jacket reproduced the wording “THYME IS ON MY SIDE”. LEGO later replaced it with “REBUILD THE WORLD”, while retaining the font and paint-drip look.
