Watermelon gummy candy. Credit: Monika Adelfang/Adobe Stock Sweet Defeat: 3rd Circuit Says Candymaker Can't Trademark Watermelon's Shape and Colors
"Because the tricolored shape is recognizable as watermelon-flavored, the whole appearance is useful," Third Circuit Judge Stephanos Bibas wrote. "So a candymaker cannot block competitors from using the combined shape and colors by trademarking that combination. We will thus affirm the district court's grant of summary judgment."
September 14, 2023 at 05:36 PM
4 minute read
Upholding the rejection of its trademark application, the U.S. Court of Appeals for the Third Circuit held that a confectioner cannot block its competitors from making candy in the shape and colors of a watermelon.
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