SGR Partner Scott Woldow was recently featured in the International Trademark Association’s monthly bulletin regarding a Panel Discussion Scott gave to the Trademark Examination Division. The topic he spoke on was called “A View from the Outside”. Former Trademark Examiners discussed the differences between being an Examiner with the USPTO and being a trademark attorney in outside practice.
Tag: International Trademark Association
Pastry’s Petals are Functional, Not Design Element
Richard Rivera wrote the article, Appellate Court Confirms Feature’s Functionality Prevents It from Acting as Trade Dress, published in the latest International Trademark Association Bulletin. Below is an excerpt: “On July 21, 2016, the Third Circuit Court of Appeals found no infringement of a registered trade dress because the design at issue, a six-fold design for a single-serve pastry, was functional. Sweet Street Desserts, Inc. v. Chudleigh’s Ltd., 119 U.S.P.Q. 2d 1641 (3d Cir. 2016) (non-precedential). . . . The court found that the petal design was essential to contain the filling and that six was the minimum number of… Read more