Dippin' Dots Inc. markets and sells a brightly colored, flash-frozen ice cream it calls "dippin' dots," consisting of free-flowing small beads (or dots) of ice cream. Dippin'Dots owns the patent to the flash-freezing process it uses to make its ice cream.
Frosty Bites Distribution is a competitor to Dippin' Dots that sells brightly colored flash-frozen ice cream, called Frosty Bites, that are mostly popcorn-shaped, as well as small and spherical in shape. Dippin' Dots brought suit against Frosty Bites, alleging trade-dress infringement. Dippin' Dots claimed that Frosty Bites are substantially similar in appearance to Dippin' Dots. What elements must Dippin' Dots prove to win its case? Why do you believe that Dippin' Dots was or was not successful?