Third Circuit Finds Pocky Trade Dress Functional, Not Protectable
By EsqSocial Corporation 08/02/21
Product configurations, including cookie shapes, are protectable as trade dress only to the extent the product features are incidental, arbitrary, or ornamental aspects that identify the product’s source. Functional product features are never protectable as trade dress. These tenets of trade dress law were recently affirmed by the U.S. Court of Appeals for the Third Circuit in Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp. (Jan. 26, 2021)....
By: BakerHostetler