“That’s the way the cookie crumbles!” Third Circuit Court of Appeals Considers Differences Between Trade Dress and Patent Protection
By EsqSocial Corporation 03/11/20
In Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., the U.S. Court of Appeals for the Third Circuit considered a trade dress infringement dispute between two confectioners. Ezaki Glico (“Ezaki”), a Japanese company, has since 1978 sold in the U.S. a stick-shaped cookie that is partially dipped in chocolate, which it markets as “Pocky.” For over three decades, Lotte International (“Lotte”) has sold in the U.S. a visually similar product named “Pepero.” In 2015, Ezaki sued Lotte...
By: Haug Partners LLP