Pocky brand container of chocolate biscuits on a supermarket shelf. Photo: Zety Akhzar/Shutterstock.com 3rd Circuit Rejects Snack Food Maker's Infringement Suit Against Maker of Look-Alike Product
In a precedential decision, the Third Circuit said Pocky's design is functional, and therefore its maker has no trade-dress protection. Trade dress applies to features that identify a product's source, and features that are functional or useful, the appeals court said.
October 08, 2020 at 06:48 PM
3 minute read
The U.S. Court of Appeals for the Third Circuit ruled that the makers of Pocky chocolate-covered cookie sticks can't bring a claim for trade-dress infringement against a look-alike treat called Pepero.
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