Ezaki Glico
Pepero has been criticized for copying Pocky, which has been manufactured by Japan's Ezaki Glico Company since 1966. The Pocky product was introduced over 17 years before in the market. Ezaki Glico’s Pocky and Lotte Confectionery’s Pepero have a long history and known as rival companies in chocolate-covered stick (pretzel). Since the content of Pocky and Pepero is the same, it is difficult to distinguish the difference between the two products. Ezaki Glico filed a lawsuit against Lotte Confectionery about the trademark, and the shape of the originality of Pocky since Pocky has entered the United States market before Lotte Confectionery’s Pepero. Lotte Confectionery could design partially chocolate-based snacks in a different shape from Pocky. However, the court saw that only this factor could not offset the functionality of Pocky's design. Lotte Confectionery Corporation won the case because the judge concluded that Pocky’s product appearance cannot be protected by trade dress due to its functionality.