For that reason, the Court refused to adopt the distinctiveness test, proffered by Samara and the United States as amicus curiae. Under that test, promulgated by the Court of Customs and Patent Appeals in Seabrook Foods, Inc. a Bar-Well Foods, Ltd., F.d , Cheap Prom Dresses determine the inherent distinctiveness of packaging, one must consider "whether it was a `common' basic shape.
Or design, whether it was unique or unusual in a particular field, [and] whether it was a mere refinement of a commonly-adopted and well-known form of ornamentation for Short Prom Dresses particular class of goods viewed by the public as a dress or ornamentation for the goods." The Supreme Court considered adoption of such a test likely to open the door to too many plausible.
If not successful, product design infringement suits, which inter alia, would deter competition Prom Dresses 2012. Because designers have available to them other avenues of protection-particularly, design patents and copyrights-the Court found that the possibility of harm to them as a result of its secondary meaning requirement was "greatly reduced."
The Court distinguishe Cheap Little Black Dresses its decision in Two Pesos, Inc. v. Taco Cabana, Inc., U.S. by declaring that the trade dress at issue in that case-restaurant decor-was product packaging or something akin to product packaging, not product design. Thus, the decision did not mandate a conclusion that product design trade dress, as opposed to product packaging trade dress, can be inherently distinctive.
The Court conceded that, as Samara claimed, its distinction would force courts to draw difficult lines between produc Cheap Wedding Dresses packaging and product design, However, it concluded that the frequency and difficulty of having to distinguish between product design and product packaging will be much less than the frequency and difficulty of having to decide when a product design is inherently distinctive.
The Court admonished that "[t]o the extent that there are close cases,` we believe that courts should err 'on the side of caution and classify ambiguous trade dress as product design, thereby requiring secondary meaning. The very closeness will suggest the existence of a relatively small utility in adopting an inherent-distinctivenes Cheap Pageant Dresses principle, and relatively great consumer benefit in requiring a demonstration of secondary meaning."
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