This story originally appeared on Them.
Toy company LEGO will continue to face a lawsuit from a fashion designer whose leather jacket, worn by Antoni Porowski on an episode of Queer Eye, was reproduced in a LEGO set based on the reality makeover show.
On Sunday, U.S. District Court for the District of Connecticut judge Omar A. Williams denied in part LEGO’s motion for summary judgment, in essence refusing to dismiss designer James Concannon’s various copyright infringement claims against the toymaker, per an exclusive report in The Fashion Law. LEGO attempted to claim implied licence and fair use, both defenses which the court felt did not pass muster.
Concannon first sued LEGO in 2021, per CNN. In 2018, Concannon created a custom leather jacket for Porowski, a member of the Fab Five, that included his “signature propaganda-infused aesthetic.” The jacket, which Porowski wore on a 2019 episode of Queer Eye, was then featured in a LEGO set (“Queer Eye — The Fab 5 Loft”) released in September 2021.
Per an image of the two jackets posted on Concannon’s own Instagram in 2021, both jackets feature a peace sign on the left lapel and a skull design on the right upper chest.
“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,” Concannon wrote on Instagram in November 2021. “After several calls with different reps at the company I was promised a couple boxes including my remade (and uncompensated) art for my son and I to play with. Your reps told me how they loved creators. It was really sad on the release date to be told ‘we can’t send you a box but you can buy one,’” Concannon wrote. “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.”
In the original lawsuit, Concannon claimed that LEGO did not seek his authorization for “the unique placement, coordination, and arrangement of the individual artistic elements” when creating Porowski’s jacket for the set, per CNN.
Regarding LEGO’s argument of implied licence, the court found that Concannon’s gift of the jacket to Porowski did not give license for people to copy and distribute the sartorial work more broadly. As part of the court’s argument, it distinguished from past legal precedent, including Solid Oak Sketches v. 2K Games, a case that involved NBA players’ tattoos being recreated for their video game avatars. Unlike tattoos, a leather jacket cannot be considered part of a person’s likeness, the court ruled, distinguishing permanent tattoos from changeable clothes.
The court also rejected LEGO’s fair use defense, saying that the commercial nature of the product as well as the fact that the accurate reproduction of the artwork meant that it was not transformative. Though LEGO changed the original wording on the jacket from “THYME IS ON MY SIDE” to “REBUILD THE WORLD,” the design retained the font and the look of paint drips.
Per The Fashion Law, the case will likely serve as a reminder to companies going forward to reach out to third parties, such as fashion designers, when representing a celebrity’s likeness.
Queer Eye aired its final episode in January, but the drama surrounding the show has outlasted the series’ runtime. Since earlier this year, several castmembers have continued to speak about behind-the-scenes squabbles and “toxic” drama that splintered the Fab 5 prior to the series’ conclusion.
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