Chicago-Kent College of Law Scholarly Commons @ IIT Chicago-Kent College of Law All Faculty Scholarship Faculty Scholarship 1-1-1997 Reconceptualizing the Inherent Distinctiveness of Product Design Trade Dress Graeme Dinwoodie IIT Chicago-Kent College of Law,
[email protected] Follow this and additional works at: https://scholarship.kentlaw.iit.edu/fac_schol Part of the Law Commons Recommended Citation Graeme Dinwoodie, Reconceptualizing the Inherent Distinctiveness of Product Design Trade Dress, 75 N.C. L. Rev. 471 (1997). Available at: https://scholarship.kentlaw.iit.edu/fac_schol/901 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact
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[email protected]. RECONCEPTUALIZING THE INHERENT DISTINCTIVENESS OF PRODUCT DESIGN TRADE DRESS GRAEME B. DINWOODIE* Traditionally, trademark rights subsisted in words or two- dimensionalpictoral images. Twenty years ago, courts recognized that a product's very design might also function as its trademark. To be accorded this status, however, the manufacturer must demonstrate that her product design identifies the source of her product-that the design is, in the trademark vernacular, "distinctive." In this Article, Professor Graeme Dinwoodie addresses the question of how to determine when a product shape or design identifies its source. In 1992, in Two Pesos v. Taco Cabana, the United States Supreme Court endorsed the assimilationof the principles governing the distinctiveness of word marks and non-verbal marks.