Guitar-Shaped Hotel Is Inherently Distinctive
A product’s design is not inherently distinctive, but a product’s packaging can be inherently distinctive. See Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 23 USPQ2d 1081, 1083 (1992); Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205, 54 USPQ2d 1065, 1068 (2000). In Two Pesos, the U.S. Supreme Court affirmed that secondary […]