Taco Cabana International, Inc. v. Two Pesos, Inc.
United States Court of Appeals for the Fifth Circuit
932 F.2d 1113 (1991)
Relevant factsFree
Two Pesos (defendant) opened Mexican restaurants in Houston with a trade dress nearly identical to Taco Cabana's (plaintiff) distinctive festive design before Taco Cabana had expanded there, and the district court awarded Taco Cabana lost-profit damages assuming foreclosure of five Houston restaurants, doubled the award for willful infringement, and awarded substantial attorneys' fees.
IssueFree
Whether a plaintiff that establishes trademark infringement may recover the defendant's profits, any damages the plaintiff sustained, and the costs of the infringement action.