Two Pesos, Inc. v. Taco Cabana, Inc.

Taco Cabana (plaintiff) developed a distinctive festive Mexican-restaurant motif — bright colors, murals, neon-striped stepped exteriors, and vivid awnings — and sued competitor Two Pesos (defendant) for trade-dress infringement under Lanham Act Section 43 after Two Pesos opened restaurants with a strikingly similar look; the district court and court of appeals both ruled for Taco Cabana without requiring proof of secondary meaning, and the Supreme Court granted certiorari on Two Pesos's argument that such proof should be required even for inherently distinctive trade dress.