Amici Brief High Court On Trademark Functionality Rule In Pocky Trade Dress Spat

Mealey's (August 12, 2021, 1:46 PM EDT) -- WASHINGTON, D.C. — Four amicus curiae briefs supporting the maker of “Pocky” biscuit sticks were filed in the U.S. Supreme Court July 29, urging the high court to grant the petition for certiorari and to reverse a Third Circuit U.S. Court of Appeals ruling that they say altered longstanding precedent on deterring whether a product’s trade dress is functional and, therefore, not protectable....