Hartekz Pretzels has sold its pretzels in a 14-ounce, mustard-yellow bag with navy blue lettering and a stylized picture of a beer mug on it for over 40 years. The pretzels have been marketed nationally for over 30 years.Knowles Food Products has begun selling its new pretzel product in a bag of the same size with similar coloring and lettering, and a similar picture on it. When Hartekz complains about Knowles' packaging, Knowles correctly points out that Hartekz has never pursued federal registration of the packaging.
What is the best theory under which Hartekz could sue Knowles? Is Hartekz likely to win?

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The Answer of Hartekz Pretzels has sold its pretzels in a 14-ounce, mustard-yellow bag with navy blue lettering and a stylized picture of a beer mug on it for over 40 years. The pretzels have been marketed nationally for over 30 years.Knowles Food Products has begun selling its new pretzel product in a bag of the same size with similar coloring and lettering, and a similar picture on it. When Hartekz complains about Knowles' packaging, Knowles correctly points out that Hartekz has never pursued federal registration of the packaging.
What is the best theory under which Hartekz could sue Knowles? Is Hartekz likely to win?

Hartekz Pretzels Has Sold Its Pretzels in a 14-Ounce, Mustard-Yellow