Third Circuit Cancels Watermelon Candy Trademark in Precedential Functionality Decision
Briefly

The U.S. Court of Appeals for the Third Circuit ruled that a federally registered trademark should be canceled because the mark as a whole identifies the candy's flavor.
PIM Brands filed suit against Haribo for trademark and trade dress infringement, but the district court ruled in Haribo's favor.
The Third Circuit found that the coloring of PIM's watermelon candy was functional as it identified the candy's flavor.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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