Snack food manufacturer Ezaki Glico Co. lost a suit alleging a food distributor infringed on its Pocky stick cookies after the Third Circuit found Thursday the similar design of the products can’t be challenged under trademark law.
Ezaki Glico alleged that Lotte International American Corp.'s stick-shaped Pepero cookies constitute trade-dress infringement—imitation of the overall look of a product.
Ezaki Glico has two Pocky product configurations registered as trade dresses—an almond and a plain version of an “elongated, thin, straight, cylindrical rod-shaped biscuit with more than half … coated with chocolate and/or … cream.”
But the infringement claim fails because trade ...
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