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Eames Chairs Aeron Chair Herman Miller sued Office Star in the U.S. District Court for the Central District of California for infringement and dilution of its registered and unregistered trade dress in the Eames and Aeron chair designs. A jury trial returned a verdict in favor of Herman Miller for its Eames design, finding that the Eames trade dress was non-functional and awarded nearly $3.4 million for willful trademark infringement and $3 million for dilution. The jury, however, found against Herman Miller for its Aeron design, finding that trade dress to be functional and not protectable, ...

In a recent decision, Ezaki Glico v. Lotte International American Corporation, the Third Circuit rejected a manufacturer’s claims of trade dress infringement regarding Pocky, a chocolate covered cookie stick which Ezaki Glico invented in the 1970s.[1] The court concluded that Pocky’s overall shape and look—cookie sticks partially coated in chocolate—were functional and thus not protected from competitor imitation. The Third Circuit’s decision, which focused on the definition of “functionality” as it pertains to product design, carries important implications for marketing produc...