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Ezaki Glico Co. v. Lotte International America Corp.

Petition for certiorari denied on November 1, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-1817 3rd Cir. N/A N/A N/A N/A OT 2021

Issues: (1) Whether trade dress is “functional” if it is “essential to the use or purpose of the article” or “affects the cost or quality of the article,” as the Supreme Court and nine circuit courts have held, or if it is merely “useful” and “nothing more,” as the U.S. Court of Appeals for the 3rd Circuit held below; and (2) whether the presence of alternative designs serving the same use or purpose creates a question of fact with respect to functionality, where the product’s design does not affect cost or quality and is not claimed in a utility patent.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 24 2021Petition for a writ of certiorari filed. (Response due July 29, 2021)
Jul 19 2021Motion to extend the time to file a response from July 29, 2021 to August 30, 2021, submitted to The Clerk.
Jul 20 2021Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2021.
Jul 29 2021Brief amicus curiae of Mondelez Global LLC filed.
Jul 29 2021Brief amicus curiae of Intellectual Property Owners Association filed.
Jul 29 2021Brief amicus curiae of American Intellectual Property Law Association filed.
Jul 29 2021Brief amicus curiae of The International Trademark Association filed.
Aug 13 2021Motion to extend the time to file a response from August 30, 2021 to September 29, 2021, submitted to The Clerk.
Aug 16 2021Motion to extend the time to file a response is granted and the time is further extended to and including September 29, 2021.
Sep 29 2021Brief of respondents Lotte International America Corp., et al. in opposition filed.
Oct 12 2021Reply of petitioners Ezaki Glico Kabushiki Kaisha, d/b/a Ezaki Glico Co., Ltd., et al. filed. (Distributed)
Oct 13 2021DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021Petition DENIED.
Nov 23 2021Petition for Rehearing filed.
Dec 01 2021DISTRIBUTED for Conference of 1/7/2022.