Functionality Crumbles Under Pocky

Functionality Crumbles Under Pocky

I recently co-wrote an article for the American Bar Association’s Landslide magazine that discusses a precedential Third Circuit decision on trademark functionality. This case is important because it addresses the troubling nature of the functionality doctrine in relation to Japanese-based Ezaki Glico Co., Ltd. (Glico) Pocky’s trade dress decision. The article walks through Gilco’s suit for trade dress infringement and unfair competition against Korea-based Lotte International under the Lanham Act.

Read about the snack company’s sweet journey here: