Pastry’s Petals are Functional, Not Design Element

Richard Rivera wrote the article, Appellate Court Confirms Feature’s Functionality Prevents It from Acting as Trade Dress, published in the latest International Trademark Association Bulletin.

Below is an excerpt:

“On July 21, 2016, the Third Circuit Court of Appeals found no infringement of a registered trade dress because the design at issue, a six-fold design for a single-serve pastry, was functional. Sweet Street Desserts, Inc. v. Chudleigh’s Ltd., 119 U.S.P.Q. 2d 1641 (3d Cir. 2016) (non-precedential). . . . The court found that the petal design was essential to contain the filling and that six was the minimum number of petals necessary to prevent leakage. The Third Circuit affirmed the district court’s finding of no infringement and cancellation of the trademark registration.”

Click here to read the article.

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