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Third Circuit deems candy shape and colour functional and unprotectable - Vimarsana News

Third Circuit deems candy shape and colour functional and unprotectable

In PIM Brands Inc v Haribo of America Inc (Case Number 22/2821, 7 September 2023, Chagares, Bibas and Matey), the US Court of Appeals for the Third…

Watermelon Sugar: Candy Shape and Color Deemed Functional | McDermott Will & Emery - Vimarsana News

Watermelon Sugar: Candy Shape and Color Deemed Functional | McDermott Will & Emery

The US Court of Appeals for the Third Circuit upheld a district court’s decision that a candymaker cannot trademark the shape and colors of watermelon candy, finding that the combined...

The Functionality Bar is "Low" Hanging Fruit   | Irwin IP LLP - Vimarsana News

The Functionality Bar is "Low" Hanging Fruit   | Irwin IP LLP

Choose your trade dress carefully, if the design as a whole has any function, your trade dress may be invalid. On September 7, 2023, the Third Circuit held that a candy’s trade dress...