Tag archives: Trade dress

Sweeter than Watermelon: When are Fruit Designs Functional?

The Third Circuit affirmed the cancellation of plaintiff PIM Brands, Inc.’s (“PIM”) trademark for “the shape of a wedge for candy, with an upper green section with white speckles, followed by a narrow middle white section and followed by a lower red section with white speckles” because “the whole trade dress of the red-white-and-green wedge … Continue reading

A smooth [not crunchy] win in Bega’s favour  

The facts of the 2019 Federal Court decision in Kraft Foods Group Brands LLC v Bega Cheese Limited were far from simple.  The case centred around a battle between Kraft and Bega, involving considerations of ownership and divestment of rights in trade dress and goodwill and internal and external trade mark licensing structures. Ultimately, the … Continue reading

FDA releases final guidance for size, shape and other physical attributes of generic drugs

On June 18, 2015, the FDA issued its final guidance regarding Size, Shape, and Other Physical Attributes of Generic Tablets and Capsules. June 2015 Guidance. The final guidance is largely the same as the draft guidance FDA released in December 2013, with the exception of editorial changes made primarily for clarification. The guidance is intended … Continue reading

6th Circuit Rules Energy Drink Makers Can Take Their Shots With A Jury

Last Thursday, the Sixth Circuit resurrected a trademark infringement claim and a false advertising counterclaim involving the competing “energy shot” vitamin drinks “5-hour ENERGY™” offered by Innovation Ventures, LLC, d/b/a Living Essentials (“LE”) and “6 Hour POWER” from N.V.E., Inc. (NVE).  See Sep.13, 2012 Decision.   5-Hour Energy Mark More Than Descriptive The Sixth Circuit … Continue reading