Pocky Loses Trade Dress Protection for Good as High Court Passes

The makers of Pocky stick cookies failed to convinced the U.S. Supreme Court to reconsider the boundary for functionality and weigh revival of its trade dress registrations.

Ezaki Glico Co. lost decades-old registrations for its rod-shaped chocolate-coated biscuits in its failed bid to stop Lotte International American Corp. from selling its own stick-shaped Pepero cookies.

The Supreme Court’s decision to pass on the case let stand a precedential U.S. Court of Appeals for the Third Circuit ruling setting a loose definition for functionality. Trade dress, the look and feel of a product including product design and packaging, can be protected ...