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

No. 91-971.

505 U.S. 763 (1992)

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

United States Supreme Court.

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...

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