In Ezaki Glico Kabushiki Kaisha v. Lotte Intern’l Am. Corp., the 3rd Circuit confronted a delicious fight between the sweets Pocky and Pepero. A fight among confectioners is sure to result in a sweet opinion. And though the opinion is a fun read, it boils down to a holding that Pocky’s trade dress is functional and is not a trademark. As a result, competitors can copy it. Yummy.
