PASTRY'S 'BLOSSOM' DESIGN WAS FUNCTIONAL AND THUS NOT ENTITLED TO TRADE DRESS PROTECTION UNDER THE LANHAM ACT

摘要

A "blossom" design of a pastry was functional. Therefore, it was not entitled to trade dress protection under the Sweet Street Desserts, Inc. v. Chudleigh's Ltd., 2014 WL 7331078 (E.D. Pa. 2014). Plaintiff Sweet Street Desserts, Inc. manufactured an apple turnover sold at Applebee's restaurants that Defendant Chudleigh's Ltd. contended infringed its registered product configuration trademark in the design of Chudleigh's Apple Blossom pie. Both sides moved for summary judgment. Sweet Street sought summary judgment on its claims for a declaratory judgment of noninfringement, cancellation of Chudleigh's trademark registration, and tortious interference, as well as on Chudleigh's counterclaims. Chudleigh's sought summary judgment on all of Sweet Street's claims except noninfringement.