Japanese food company Ezaki Glico Kabushiki Kaisha’s Pocky, a partly chocolate-covered, stick-shaped cookie, cannot assert trade dress infringement to block sales of rival Lotte Confectionery’s similar Pepero snack, a federal appeals court has ruled.
A unanimous panel of the 3rd U.S. Circuit Court of Appeals ruled Thursday that trade dress cannot protect useful features of a product, even if they are not essential, upholding a lower court’s summary judgment ruling in favor of Lotte.
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