Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., D/B/A Backyard Products Travis Products, Inc

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• opining that “a consumer is substantially more likely to trust a product's packaging, rather than its configuration, as an indicium of source”
• explaining that “inherently distinctive trade dress is protected because presumptively it primarily identifies the product’s source”
• noting that Two Pesos must be read as “giving an imprimatur to finding trade dress in a product configuration to be inherently distinctive under certain narrow circumstances”
• requiring that, to be inherently distinctive, a product feature or configuration of features must not only be likely to serve primarily as a designator of origin, but must also be \unusual and memorable” and \conceptually separable from the product”
• requiring product designs to be “(i) unusual and memorable; (ii) conceptually separable from the product; and (iii) likely to serve primarily as a designator of origin of the product”
• requiring product designs to be \(i) unusual and memorable; (ii) conceptually separable from the product; and (iii) likely to serve primarily as a designator of origin of the product\

Source: CourtListener parenthetical corpus (CC0).