A Tale of Two Cookies: Third Circuit Dunks Cookie Stick Trade Dress Claims
By EsqSocial Corporation 17/12/20
In a recent decision, Ezaki Glico v. Lotte International American Corporation, the Third Circuit rejected a manufacturer’s claims of trade dress infringement regarding Pocky, a chocolate covered cookie stick which Ezaki Glico invented in the 1970s. The court concluded that Pocky’s overall shape and look—cookie sticks partially coated in chocolate—were functional and thus not protected from competitor imitation....
By: Patterson Belknap Webb & Tyler LLP