Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge
By EsqSocial Corporation 30/10/20
The US Court of Appeals for the Third Circuit found that trade dress protection did not extend to the design of a chocolate-dipped, stick-shaped cookie, because the product configuration was useful. Ezaki Glico Kabushiki Kaisha v. Lotte Int’l America Corp., Case No. 19-3010 (3d Cir. Oct. 8, 2020) (Bibas, J.)......
By: McDermott Will & Emery