Masterfoods USA v. Arcor USA, Inc.

Masterfoods USA v. Arcor USA, Inc.

W.D.N.Y. (2002)

Fitzpatrick attorneys successfully obtained a preliminary injunction for Mars (Masterfoods USA), in a trade dress case. The court enjoined Arcor from selling its Rocklets chocolate and peanut candies in confusingly similar packaging to Mars’ M&M® packaging. The court held that, taken together, the various elements of the M&M® packaging are inherently distinctive and have secondary meaning.