Ezaki Glico v. Lotte International: One Smart Cookie? Or Just A Useful One?

The Third Circuit recently decided one of the most significant cookie cases in recent memory. The court found that Pocky are not deserving of trade dress protection because their shape is functional, rather than indicative of their source. The court rejected a too-narrow construction of the limitations on trademark protection for fear of blurring the lines between patent and trademark protections.