Judge Nixes ‘Bum Bum Cream’ Trade Dress in Costco Dupe Lawsuit

Costco Wholesale Corp. convinced a federal judge that Sol de Janeiro USA Inc.'s packaging of its popular Brazilian Bum Bum Cream doesn’t qualify for trademark protection.

The jar’s shape, yellow-and-white coloring, and label are illegible for trademark rights because they have functional benefits, such as making it easier for users to scoop the moisturizing skin cream and identify the product’s scent, Judge George B. Daniels said in a Tuesday order granting Costco’s bid for summary judgment.

“A functional article does not become nonfunctional simply because someone finds its form aesthetically pleasing,” he wrote, dismissing Sol de Janeiro’s claims accusing the ...