Ezaki Glico Co. v. Lotte International America Corp.

Petition for certiorari denied on November 1, 2021

Issue: (1) Whether trade dress is "functional" if it is "essential to the use or purpose of the article" or "affects the cost or quality of the article," as the Supreme Court and nine circuit courts have held, or if it is merely "useful" and "nothing more," as the U.S. Court of Appeals for the 3rd Circuit held below; and (2) whether the presence of alternative designs serving the same use or purpose creates a question of fact with respect to functionality, where the product"s design does not affect cost or quality and is not claimed in a utility patent.