Haribo Watermelon Candy Doesn’t Flout Trade Dress, 3rd Cir. Says

Haribo of America Inc.'s candy doesn’t infringe the trade dress of Pim Brands Inc.'s Sour Jacks Wedges because the watermelon slice shape is functional, the Third Circuit said.

Both the colors and the shape of the candy help signal to consumers that the candies at issue have a watermelon flavor, the US Court of Appeals for the Third Circuit said in a precedential opinion Thursday. PIM argued that the red, green, and white colors are sufficient to signal flavor, but the opinion said the shape of the tricolored candy contributes to the flavor-signaling watermelon slice imagery.

Aspects of a product ...