Which of the following is true regarding trade dress?
A) A restaurant's design has to have acquired a secondary meaning before it is protected as trade dress under the Lanham Act.
B) A restaurant's design does not have to have acquired a secondary meaning before it is protected as trade dress under the Lanham Act.
C) A restaurant's design has to have acquired a secondary meaning before it is protected as trade dress under the Lanham Act only if "fast food" is involved, because of the proliferation of that type of eating establishment.
D) A restaurant's design has to have acquired a secondary meaning before it is protected as a trade dress under the Lanham Act only if color is involved in the trade dress.
E) The term "trade dress" had no legal significance.

Question

Quizplus · Accepted Answer

Trade dress can be protected under the Lanham Act without acquiring a secondary meaning, as long as it is inherently distinctive or has acquired secondary meaning through use in commerce.

Which of the Following Is True Regarding Trade Dress