I need the following paragraphs reworded (do not try to reword key terms ‘total image’or ‘trade dress’):
Trade dress is the total image of the business. Taco Cabana’s
trade dress may include the shape and general appearance of the exterior restaurant, the
identifying sign, the interior kitchen floor plan, the decor, the menu, the equipment used
to serve food, the servers’ uniforms and other features reflecting on the total image of the
restaurant. The trade dress of a product is essentially its total image and overall
Taco Cabana’s trade dress was protected if it either was inherently distinctive or
had acquired a secondary meaning. Trademark law requires a demonstration of secondary
meaning only when the claimed trademark is not sufficiently distinctive of itself to
identify the producer. The legal recognition of an inherently distinctive trademark or trade
dress acknowledges the owner’s legitimate proprietary interest in its unique and valuable
informational device, regardless of whether substantial consumer association yet bestows
the additional empirical protection of secondary meaning. The user of such a trade dress
should be able to maintain what competitive position it has and continue to seek wider
identification among potential customers.
We see no basis for requiring secondary meaning for inherently distinctive trade
dress protection. Adding a secondary meaning requirement could have anticompetitive
effects, creating particular burdens on the start-up of small companies. It would present
special difficulties for a business, such as Taco Cabana, that seeks to start a new product
in a limited area and then expand into new markets. Denying protection for inherently
distinctive trade dress until after secondary meaning has been established would allow a
competitor, which has not adopted a distinctive trade dress of its own, to appropriate the
originator’s dress in other markets and to deter the originator from expanding into and
competing in these areas.
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