Two Pesos v. Taco Cabana, Inc., 505 U.S. 763 (1992) p.540

SUBJECT

trade dress

FACTS

D opened a Mexican food restaurant in same state with similiar restaurant configurations, menu designs, colors, etc. P sued for trade dress infringement. Taco Cabana opened in 1978 expanded to 5 restaurants by 1985. In 1985 Two Pesos wanted to opened up in other cities.

ISSUE

Whether trade dress is inherently distinctive.

RULE

Tradedress is inherently distinctive.

HOLDING

In order to make a trade dress case you mush establish secondary meaning. When talking about secondary meaning, have to look and see if the term has acquired a secondary meaning in that market. This makes the market narrower; you just look to the market being operated in to see if secondary meaning has been established. However, if mark is inherently distinctive then not limited to local area, but gets trademark protection over the entire USA.

RATIONAL

If an established company decides to

Created on: Tuesday, March 14, 2000 at 17:49:41 (PST)