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

No. 89-2203.

932 F.2d 1113 (1991)

TACO CABANA INTERNATIONAL, INC., Plaintiff-Appellee, v. TWO PESOS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 11, 1991.

Attorney(s) appearing for the Case

Kimball J. Corson, Janet Napolitano, Lewis & Roca, Phoenix, Ariz., for defendant-appellant.

James B. Gambrell, Marc L. Delflache, Eugene R. Montalvo, Pravel, Gambrell, Hewitt, Kimball & Krieger, Houston, Tex., for plaintiff-appellee.

Before REAVLEY, GARWOOD, and BARKSDALE, Circuit Judges.

REAVLEY, Circuit Judge:

Taco Cabana complained of the imitation of the appearance and motif of its Mexican restaurants by Two Pesos. Taco Cabana won a judgment for trade dress infringement under the Lanham Act and misappropriation of trade secrets under Texas law. Two Pesos appeals, claiming that Taco Cabana's trade dress is not protectable because the Mexican motif is not protectable, and that Taco Cabana surrendered any claim it had to Lanham Act protection by cross...

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