Two Pesos v. Taco Cabana

Two Pesos, Inc. v. Taco Cabana, Inc. · 1992 · Supreme Court of the United States

What happened

The Court held that inherently distinctive trade dress is protectable under the Lanham Act without proof of secondary meaning.

The money

No reliable public figure. This dispute matters for the rule it settled rather than for a damages number, and many trademark matters resolve on confidential terms.

What it means for your business

Your restaurant's look and feel — layout, colour scheme, decor — can be protected property. Copying a competitor's overall presentation carries risk even when you never touch their name.

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