The law of the goldfish

When I was searching for a good picture to go with the previous post, I came across a commercial photography site offering to license this picture:
From the description: "This is a high definition [picture] of a bunch of generic goldfish crackers laid out on a black background."

Generic? Are you sure?

Review questions: does selling this stock photo infringe Pepperidge Farm's trade dress rights? Dilute them? What about the description of the crackers as "generic" -- does or should a cause of action exist for genericide?

Sample property release form from the Stanford Libraries' fair use site here.

(Post title adapted from The Law of the Horse -- which, by the way, produces an awesome targeted ad result on Google.)