The US Court of Appeals for the Third Circuit recently upheld a district court’s decision stating that a candymaker cannot trademark the shape and colors of watermelon candies. The court’s decision hinges on the fact that the combined colors and shape of the candies perform a functional role — they signal to consumers that the candy is watermelon-flavored. The case, PIM Brands Inc. v. Haribo of America, Inc., Case No. 22-2821, was decided on September 7, 2023, by Judges Chagares, Bibas, and Matey.
This ruling positions shape and color not merely as ornamental or brand-defining characteristics, but as functional attributes which cannot be monopolized by trademark law. It, therefore, marks a decisive legal stance that could have profound implications for trademark disputes involving consumer goods that utilize shape and color to imply product characteristics or flavor profiles.
The full details of the ruling can be accessed at JD Supra.
This legal update comes to you courtesy of McDermott Will & Emery, a prominent law firm with extensive experience in intellectual property law and trademark disputes.