Third circuit panel revises half-baked trade dress functionality decision
"That's the way the cookie crumbles", a panel of judges from the US Court of Appeals for the Third Circuit again concluded in rejecting trade dress protection for the well-known Pocky cookie design. However, in a revised decision following a rehearing request, the panel clarified its initial analysis on trade dress functionality, providing a fuller explanation of its reasoning which may soothe trade dress advocates. Facts More than 50 years ago, Japanese confectionery company Ezaki Glico Kabushiki Kaisha released Pocky – thin, elongated biscuits partially covered with chocolate (Figure ...