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Ezaki Glico Co. v. Lotte International America Corp.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1817 3rd Cir. TBD TBD TBD TBD TBD

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 2021Amicus brief of Intellectual Property Owners Association submitted.
Jul 29 2021Amicus brief of Mondelēz Global LLC submitted.
Jul 29 2021Amicus brief of The International Trademark Association submitted.
Jul 29 2021Amicus brief of American Intellectual Property Law Association submitted.