When can the decor of a restaurant be protected under trade dress law?
If the decor of a restaurant is distinctive and if a competitor’s use of similar decor could confuse consumers, the decor of the first restaurant may be entitled to trade dress protection. Example: Taco Cabana opened a chain of Mexican restaurants in Texas. The restaurant interiors were decorated with artifacts, bright colors, paintings, and murals, which created a “festive eating atmosphere.” The exteriors had vivid colors and bright awnings, and patios with umbrellas. When another chain of Mexican restaurants, Two Pesos, opened restaurants with similar decor in competition with Taco Cabana, Taco Cabana sued for trade dress infringement. The court said that Taco Cabana’s trade dress could include virtually the total image of the business, including the shape and appearance of the exterior of the building, the identifying sign, the kitchen floor plan, the decor, the menu, the food service equipment, and the servers’ uniforms. The court found that Taco Cabana’s trade dress was distincti
