""'Two Pesos, Inc . v . Taco Cabana, Inc . " "', Justice Byron White concluded that trade dress is inherently distinctive under the Lanham Act and that plaintiffs are not required to prove secondary meaning in suits to protect their trademark.
12.
The court ruled in 1995 that although the color of a product is not " inherently distinctive " and therefore cannot not always qualify for legal protection, it can qualify for protection only when the color serves to identify a particular brand.
