Question

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town. To succeed on a claim of trade-dress infringement, what must Natalia prove?

The trade dress is primarily nonfunctional, inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion.

The trade dress is inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion.

The trade dress is inherently distinctive, has secondary meaning, and the alleged infringement creates a likelihood of confusion.

The trade dress is primarily nonfunctional, and the alleged infringement creates a likelihood of confusion.

Likelihood of confusion.

Answer 1

Question= To succeed on a claim of trade-dress infringement, what must Natalia prove?

Answer- The trade dress is primarily nonfunctional, inherently distinctive or has a secondary meaning, and the alleged infringement creates a likelihood of confusion

Reason- Trade dresses mainly relate to the comprehensive appearance of the product, n order to prove the trade dress infringement based on a product’s design, the following three-element are required to be proved=

The trade dress is nonfunctional

It has a secondary meaning

and it is confusing in nature