Case: Trademarks/Trade Dress (3d Cir.)

The Third Circuit affirmed a federal district court’s grant of summary judgment to Lotte International America Corp. in Ezaki Glico Kabushiki Kaisha’s action against LIA for trademark infringement and unfair competition in violation of the Lanham Act, New Jersey common law, and the New Jersey Fair Trade Act. The Third Circuit noted that trade dress — the issue in this case — is limited to designs that identify a product’s source and does not safeguard designs that are functional. The Third Circuit then found that EGKK’s design for its Pocky product line of thin, stick-shaped cookies, viewed as a whole, ...