Paul is the owner of a newly-opened theme park. A rival theme park named Sunny Universe has accused Paul of copying its theme and filed a trade-dress infringement suit against Paul. Which of the following should Sunny Universe prove in order to win the case?
A) Sunny Universe's theme has been registered with the Patent Office under the Lanham Act of 1947.
B) Sunny Universe's theme is primarily functional.
C) The theme adopted by Sunny Universe is inherently distinct and has acquired a secondary meaning.
D) The theme adopted by Paul's theme park is unlikely to create confusion among customers.

Question

Quizplus · Accepted Answer

In a trade-dress infringement suit, the plaintiff must prove that the trade dress adopted by the plaintiff is inherently distinctive or has acquired secondary meaning. Therefore, Sunny Universe must prove that their theme is inherently distinct and has acquired a secondary meaning, meaning it has become associated with their brand in the minds of consumers. The registration of the theme with the Patent office is not necessary but can be helpful. The functionality of the theme and the possibility of confusion are not the primary concerns in this case.

Paul Is the Owner of a Newly-Opened Theme Park