Two Pesos, Inc. v. Taco Cabana, Inc.

Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown

Wal-Mart Stores, Inc. v. Samara Brothers, Inc.

Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive

Inwood Laboratories v. Ives Laboratories

Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe

Traffix Devices, Inc. v. Marketing Displays, Inc.

Holding that the dual-spring design was not protectable because it had a purpose “beyond serving the purpose of informing consumers that the sign stands are made by” the plaintiff

Qualitex Co. v. Jacobson Products Co.

Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

Braun Inc. v. Dynamics Corp. of America

Holding that " claim of trade dress infringement fails if secondary meaning did not exist before the infringement began" and placing the burden of proof on the plaintiff

Apple Inc. v. Samsung Elecs. Co.

Holding that district court's construction claiming "the ornamental design" as shown in the patent figures "properly reflected" the principle that "it is the non-functional, design aspects that are pertinent to determinations of infringement"

Erbe Elektromedizin GmbH & ERBE USA v. Canady Technology LLC

Holding that the color blue for endoscopic probes was functional because its contrast with human tissue made the probe more visible through an endoscopic camera

Samsung Elecs. Co. v. Apple Inc.

Thomas Betts Corp. v. Panduit Corp.

Holding that "Copying is only evidence of secondary meaning if the defendant's intent in copying is to confuse consumers and pass off his product as the plaintiff's. In that situation, the defendant's belief that plaintiff's trade dress has acquired secondary meaning — so that his copying will indeed facilitate his passing off — is some evidence that the trade dress actually has acquired secondary meaning."

Section 1051 - Application for registration; verification

Requiring a filing of a Statement of Use to register a mark

Section 1052 - Trademarks registrable on principal register; concurrent registration

Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

Section 154 - Contents and term of patent; provisional rights

Granting twenty years for utility patents