The U.S. Court of Appeals for the Third Circuit recently upheld the rejection of a trademark application from PIM Brands, a candymaker who created Sour Jack Wedges, asserting that a confectioner cannot obstruct its competitors from producing candy similar in appearance to a watermelon. The Sour Jack Wedges, which debuted two decades ago, mirror the distinct green, white, and red hues of a watermelon.
Approximately 10 years after the product’s introduction, PIM pursued a trademark for “the shape of a wedge for candy,” as disclosed in the court’s opinion. The Patent and Trademark Office dismissed the application, prompting PIM to add colors to their proposal indicating a trademark for a candy wedge with a green upper section speckled with white, a thin middle white portion, and a lower red segment also spotted with white.
However, Bibas, a representative of the court, upheld that the tricolored shape was immediately recognizable as being watermelon-flavored and declared the overall aesthetic to be practical. Hence, according to Bibas, a candymaker cannot prevent others in the industry from using the combined shape and colors by trademarking this combination. The court thus confirmed the decision of the district court’s summary judgment. For more, visit the original article here.