Ted's Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun, with the hot dog wearing a white chef's hat at one end. Wally's is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef's hat. Ted's probably has an infringement claim based on:

Question

Quizplus · Accepted Answer

Trade dress appropriation involves the visual appearance of a product or its packaging that signifies the source of the product to consumers. Ted's Red Hots could claim that Wally's is infringing on their trade dress by using a similar design that could confuse consumers.

Ted's Red Hots Is a Hot Dog Restaurant That Has