1. Home
  2. Browse Decisions
  3. U.S.
  4. 505 U.S.
  5. 505 U.S. 763 (1992)
 

TWO PESOS, INC. v. TACO CABANA, INC.

No. 91-971.

505 U.S. 763 (1992)

112 S.Ct. 2753

120 L.Ed.2d 615

TWO PESOS, INC. v. TACO CABANA, INC.

Supreme Court of United States.

Decided June 26, 1992.

Attorney(s) appearing for the Case

Kimball J. Corson argued the cause and filed the briefs for petitioner.

Richard G. Taranto argued the cause for respondent. With him on the brief were H. Bartow Farr III and James Eliasberg.*

White, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, O'Connor, Scalia, Kennedy, and Souter, JJ., joined. Scalia, J., filed a concurring opinion, p. 776. Stevens, J., p. 776, and Thomas, J., p. 785, filed opinions concurring in the judgment.

Justice White, delivered the opinion of the Court.

The issue in this case is whether the trade dress1 of a restaurant may be protected under § 43(a) of the Trademark Act of 1946 (Lanham Act), 60 Stat. 441, 15 U. S. C. § 1125(a) (1982 ed.), based on a finding of inherent distinctiveness, without proof that the trade dress has secondary meaning.

I

Respondent Taco Cabana...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases