BOSTON (WBZ NewsRadio) — The U.S. Patent Office cited evidence from a seven-year-old YouTube video to reject a design patent for a new waffle shape.
In 2016 two friends from New Jersey submitted their idea for a waffle with one smooth side and one waffle-patterned side to the U.S. Patent Office.
The Patent Office ruled Dunkin' had already used a similar product in a breakfast sandwich that same year, citing a video by YouTube food critic "The Endorsement" to prove the Belgian waffle breakfast sandwich included a similarly-designed waffle.
Read More: Massachusetts Eatery Serves The 'Best Breakfast Sandwich' In The State
The video has garnered 4,400 views since "The Endorsement" published it in 2016.
A federal appeals court upheld the ruling on Wednesday.
WBZ NewsRadio's Chaiel Schaffel (@CSchaffelWBZ) reports.
Follow WBZ NewsRadio: Facebook | Twitter | Instagram | iHeartmedia App | TikTok