I need the following paragraphs reworded (do not try to reword key terms ‘total image’or ‘trade dress’):
Trade dress is the total image of the business. Taco Cabana’s trade dress may include the shape and general appearance of the exterior restaurant, the identifying sign, the interior kitchen floor plan, the decor, the menu, the equipment used to serve food, the servers’ uniforms and other features reflecting on the total image of the restaurant. The trade dress of a product is essentially its total image and overall appearance. Taco Cabana’s trade dress was protected if it either was inherently distinctive or had acquired a secondary meaning. Trademark law requires a demonstration of secondary meaning only when the claimed trademark is not sufficiently distinctive of itself to identify the producer. The legal recognition of an inherently distinctive trademark or trade dress acknowledges the owner’s legitimate proprietary interest in its unique and valuable informational device, regardless of whether substantial consumer association yet bestows the additional empirical protection of secondary meaning. The user of such a trade dress should be able to maintain what competitive position it has and continue to seek wider identification among potential customers. We see no basis for requiring secondary meaning for inherently distinctive trade dress protection. Adding a secondary meaning requirement could have anticompetitive effects, creating particular burdens on the start-up of small companies. It would present special difficulties for a business, such as Taco Cabana, that seeks to start a new product in a limited area and then expand into new markets. Denying protection for inherently distinctive trade dress until after secondary meaning has been established would allow a competitor, which has not adopted a distinctive trade dress of its own, to appropriate the originator’s dress in other markets and to deter the originator from expanding into andcompeting in these areas.
Here are several links to hep with rewording:
http://www.casesofinterest.com/tiki/Two+Pesos+Inc.+v+Taco+Cabana+Inc.
http://www.lawschoolcasebriefs.net/2014/05/two-pesos-inc-v-taco-cabana-inc-case.html
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