Protecting Your Business Image: The Supreme Court Rules on Trade Dress

Abstract

The Supreme Court has made its first ruling on “trade dress”. Trade dress was defined by the Supreme Court as “...the overall image of the business”. The Court granted protection to a Mexican restaurant in Texas and barred a competitor from duplicating its total image. Summarizes the issues surrounding the intellectual property law element, “trade dress”, discusses the landmark recent Supreme Court case on trade dress (Two Pesos, Inc. v. Taco Cabana, Inc.), and examines the marketing implications emerging from that ruling. The legal concept of trade dress is very important for managers because it offers permanent protection for distinctive, multi‐feature business images. Thus, the company capturing the best trade dress for its type of product can achieve that golden fleece of business – an important, sustainable competitive advantage.

Citation

Rosen, M. and Alpert, F. (1994), "Protecting Your Business Image: The Supreme Court Rules on Trade Dress", Journal of Consumer Marketing, Vol. 11 No. 1, pp. 50-55. https://doi.org/10.1108/07363769410053709