Reply To: Two Pesos

Forums General discussion Two Pesos Reply To: Two Pesos

Avatar photoStacey Dogan

Thanks Mike! Speaking of Two Pesos –

Does anyone know why Two Pesos conceded that inherently distinctive trade dress could be protected initially? (“petitioner concedes that protecting an inh dist TD from its inception may be critical to new entrants…”) I don’t know why, as a matter of litigation strategy, they didn’t take the stronger (2d Cir) position and then offer this as a fallback – any thoughts?