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Tag Archives: Happy’s Pizza

The Not-So-Happy Place of Genericness

Posted in Articles, Food, Genericide, Infringement, Law Suits, Loss of Rights, Non-Traditional Trademarks, Trademarks

Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that distinctiveness is presumed with a finding of inherent distinctiveness. When not so obviously unique, distinctiveness also can be established with the more difficult proof of secondary meaning. Remember 1992? The… Continue Reading