Pocky Maker, Rival Argue Trade Dress Functionality In Supreme Court Briefs

Mealey's (October 14, 2021, 1:53 PM EDT) -- WASHINGTON, D.C. — In an Oct. 12 reply brief supporting its petition for certiorari, the maker of Pocky says that the Third Circuit U.S. Court of Appeals erred in finding the snack food’s trade dress to be functional and, therefore, not protectable, asking the U.S. Supreme Court to clarify the standard for determining functionality and to resolve a circuit split on the topic....