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
Inherently Distinctive Product Packaging?
Earlier this month, we asked whether [yo]gurt(lab) has an inherently distinctive interior restaurant environment?
This week, we’re focused on product packaging, and ask whether Spine Vodka has enough meat on the bones to satisfy the trademark test for an inherently distinctive product package design?
This little gem of an image surfaced in
Inherently Distinctive Restaurant Interior?
We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see here.
The recent craze for self-serve frozen yogurt shops — where you pay by the ounce (or perhaps, by the pound), has us focused today on a pretty darn unique interior retail