They say that a picture is worth a thousand words. Yes, we've all heard that maxim before, but rarely does it ring so true as it does regarding the trademark case between Nestle, the candy giant, and FortiFX, much smaller makers of Fit Crunch bars. Fit Crunch bars appear to be marketed as a healthier option compared with traditional candybars. Nestle took notice of the name of the Fit Crunch bars and has claimed the name and, more importantly and central to their claim, the packaging in which they're sold, is trademark and trade dress infringement.
Anyway, the fact that both bars contain the word "crunch" seems in and of itself to fail to meet the bar for trademark infringement. After all, the term is simply referring to the descriptive nature of the foodstuffs of the product, in that they crunch when eaten. Instead, the trademark infringement claim therefore has to be considererd alongside the trade dress infringement claim. And that claim rests on Nestle's description of the packaging of both products. According to Nestle's filing, "Pervine appears to have outright copied every key element of Nestle's CRUNCH Trade Dress."
As I said, a picture is worth a thousand words. Here are your outright copied packages and trade dress: