Is it permissible for one restaurant to sue another over the "trade dress" issue?

Trade dress refers to the visual appearance of a product or its packaging that indicates the source of the product to consumers. It encompasses the design, color, shape, and overall look that distinguishes one product from another in the marketplace. In the context of restaurants, trade dress could include elements such as the decor, menu layout, or overall dining experience.

The correct answer, indicating that it is no longer permissible for one restaurant to sue another over trade dress issues, is not aligned with current legal understanding. In reality, restaurants can and do take legal action to protect their trade dress, provided they can prove that their trade dress is distinctive and non-functional, and that there is a likelihood of consumer confusion between the two establishments.

Trade dress claims can be enforced under federal law, specifically the Lanham Act, and under similar state laws. Cases can be tried in any state where the alleged infringement occurs, and it is not limited to certain states. Moreover, trade dress protection does not depend on the presence of trade secrets; it is focused on protecting the unique visual presentation and branding of the restaurant.

Thus, the notion that it is "not permissible anymore" does not hold, as the legal standards for trade dress are still in effect and actionable through the proper legal