-Wes Anderson, Attorney
Another for the file of newly-registered product configuration marks: acquired distinctiveness, sold by the gallon.
According to 2014 numbers released by the U.S. Department of Agriculture, Americans drink 37 percent less milk than they did in 1970. Whole milk consumption has plummeted by 78 percent during the same period. The dairy
Last week Jelly Belly Candy Company filed a non-traditional trademark application with the USPTO to federally register the shape of its Jelly Belly candies. The claimed mark is drawn like this:
And, described like this: “The mark consists of a candy having a rounded squat kidney-like shape, with one longer side being a continuous arc
-Wes Anderson, Attorney
When a company puts “DISTINCTIVE” on its own packaging, its usually a sign that it highly values its trade dress and product configuration rights. That’s certainly the case for Pepperidge Farm and its Milano cookies.
The commercial bakery giant has taken aim at Trader Joe’s, the popular grocery chain, for selling house-branded
