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 Sweet Street Desserts, Inc. v. Chudleigh’s Ltd., 119 U.S.P.Q. 2d 1641 (3d Cir. 2016) (non-precedential).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