3rd Circ. Weighs If Watermelon Candy Shape Is 'Functional'

By Matthew Santoni ( June 20, 2023, 2:26 PM EDT) -- Two rival candy companies disagreed before the Third Circuit on Tuesday over whether a wedge-shaped sour candy evokes the color and shape of a piece of watermelon — and therefore, if a federal judge had been right to dismiss an infringement lawsuit because the shape was purely "functional" and not protected by trademark law....

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