Snack Maker Defends ‘Pocky’ Trade Dress In Supreme Court Petition

Mealey's (July 16, 2021, 9:49 AM EDT) -- WASHINGTON, D.C. — The manufacturer of “Pocky” biscuit sticks filed a petition for certiorari in the U.S. Supreme Court on June 24, asking the high court to clarify the standards for determining whether a product’s trade dress is functional and, therefore, not protectable, arguing that the ruling against it by the Third Circuit U.S. Court of Appeals upended established guidelines and placed many products’ existing trade dress at risk....