Innovation trumps imitation

摘要

The Paramount Farms suit filed against Walgreens' PL Pistachio packaging claiming trademark infringement and unfair competition is intriguing to say the least. The complaint states that the Walgreens pistachio packaging is wrongfully using "fonts, font colors, window curvature and packaging dress" similar to what's found on the packaging of Paramount's own Wonderful brand pistachios. Protecting design rights is tricky. The burden of proof on the functionality, distinctiveness, and likelihood of confusion of color is challenging since the interpretation of standards are not clear-cut. Therefore, the outcomes of trademark cases vary from circuit court to circuit court.