“Because the tricolored shape is recognizable as watermelon-flavored, the whole appearance is useful,” Third Circuit Judge Stephanos Bibas wrote. “So a candymaker cannot block competitors from using the combined shape and colors by trademarking that combination. We will thus affirm the district court’s grant of summary judgment.”

       

Cindy Speaker

CEO of Speaker Media and Marketing, is the "Secret Weapon of Personal Injury Lawyers and Trial Attorneys" throughout the United States. Specializing as a marketing consultant to lawyers, with a primary focus on content marketing, social media, online video and mobile marketing strategies.