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Recent 2022 Developments Shaping Trademark Law

After another year of uncertainty marked by an ongoing pandemic, environmental strains, fights for social justice and a growing understanding of what it means to be truly equitable and inclusive, we expect that brands will continue to serve as cultural beacons.

Recent 2022 Developments Shaping Trademark Law

After another year of uncertainty marked by an ongoing pandemic, environmental strains, fights for social justice and a growing understanding of what it means to be truly equitable and inclusive, we expect that brands will continue to serve as cultural beacons.

Useful To Know: Recent Developments On Utilitarian And Aesthetic Functionality - Intellectual Property

Useful To Know: Recent Developments On Utilitarian And Aesthetic Functionality - Intellectual Property
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Third circuit panel revises half-baked trade dress functionality decision

​ That s the way the cookie crumbles , a panel of judges from the US Court of Appeals for the Third Circuit again concluded in rejecting trade dress protection for the well-known Pocky cookie design. However, in a revised decision following a rehearing request, the panel clarified its initial analysis on trade dress functionality, providing a fuller explanation of its reasoning which may soothe trade dress advocates. Facts More than 50 years ago, Japanese confectionery company Ezaki Glico Kabushiki Kaisha released Pocky – thin, elongated biscuits partially covered with chocolate (Figure 1). Figure 1 ​Pocky eventually entered the US market. About five years later, Lotte Confectionery began selling Pocky lookalike biscuit sticks called Pepero (Figure 2):

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