Discussing Legal Issues Before The Court And The Reasoning Behind The Courts Decision

[Heading][Title][Name][Professor][University][Subject][Date]1 . Two Pesos , Inc . v . wetback Cabana , Inc (505 US 763Facts : Respondent wetback Cabana , Inc operates fast food chain restaurants in Texas . Since its first rakehell was opened in 1978 , it had opened six (6 ) stores by 1985 . In 1985 , Two Pesos Inc opened its own restaurant It adopted a motif which was very uniform to that of the responsive . It allowed its employees to map gracees equal to that of the Respondent As a result , respondent sued petitioner for trade garnishee trespass under the Trademark suck of 1946 which says that any individual who uses in connection with any honourables or run any false or representation shall be liable to any person damaged by much(prenominal) use The trial tribunal fix that the trade dress utilise by Tac o Cabana is inherently distinctive precisely it has non acquired a secondary meaning .

It also found that the encroachment by the Two Pesos Inc of Taco Cabana s trade dress created a likelihood of confusion on the part of the so-so(predicate) customers as to the root or association of the restaurant s good or services Based on the district court s instruction , the control panel ruled in favor of the respondent and awarded damages in its favor . Court of Appeals affirmedIssue : whether a person filing a suit for trade dress infringement needs to elicit that the dress is not only inherently distinctive but has also ac quired a secondary meaningDecision : No . J! udgment of the...If you compulsion to get a full essay, lay out it on our website: OrderCustomPaper.com

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