PUBPOL 373 Lecture Notes - Lecture 3: Taco Cabana, Two Pesos, Trade Dress
16 Apr 2017
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Trademark registration has been obtained for smells (for perfumes) and sounds (the famous nbc chimes), but tastes (for drinks) have been more difficult to register. The trademark prosecution process requires that the mark be submitted and published. Whether the trade dress of a restaurant may be protected under the lanham act, based on a finding of inherent distinctiveness, without proof that the trade dress has a secondary meaning. Trade dress is the total image of the business. Two pesos adopted a motif very similar to the foregoing description of taco cabana"s trade dress. Two pesos restaurants expanded rapidly in houston and other markets, but did not enter san antonio. In 1986, taco cabana entered the houston and austin markets and expanded into other texas cities, including dallas and el paso where two. The trial court held that two pesos has intentionally and deliberately infringed taco.
