Question

Ted’s Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun, with the hot dog wearing a white chef’s hat at one end. Wally’s is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef’s hat. Ted’s probably has an infringement claim based on:

a. patent appropriation.
b. trade dress appropriation.
c. copyright infringement.
d. any of the above

Answer 1

Answer: Ted’s probably has an infringement claim based on Trade dress appropriation.

Explanation: Trade dress refers to the general appearance of a product that gives customers an idea where the source of the product is from.

In the US, it is a crime to mislead customers as where the product is from, Wally's using a wiener dog with a white hat is misleading as to the product he's selling.

Ted's can file a trade dress suit against Wally's based on the fact that a wiener dog is used as an advert.