UnIntellectual Property (UnIP): Trade dress in Blossom Pastry Design
The Third Circuit has affirmed the District Court’s ruling that the Blossom Design for the shape of the dough surrounding a pie was functional and thus not entitled to trade dress or trademark protection. In doing so, the Court also cancelled the trademark registration related to the same. The Court concluded that “the six-fold spiral pattern is not “an arbitrary flourish” on an otherwise complete dessert, “it is the reason the [shape] works” as a single-serving fruit dessert.”
The District Court’s (Eastern District of Pennsylvania) opinion is worth a read, especially since it incorporates images of the pies and some humor (e.g. “This case presents the delicious issue, sure to please those with a sweet tooth, of whether summary judgment should be granted to either side in a trademark infringement dispute over apple pastry desserts.”).
As a boy growing up with a mom that was constantly baking (albeit more cookies than pies), I enjoyed this opinion and understand the conclusion.