Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Sally Beauty Company v. Beautyco, 304 F.3d 964 (10th Cir 2001) A trade dress is inherently distinctive if its "intrinsic nature serves to identify a particular source." Two Pesos, 505 U.S. at 768. Such trade dresses "almost automatically tell a customer that they refer to a brand and immediately signal a brand or a product source." Samara Bros., 529 U.S. at 212-13 (citation, quotations, and alteration omitted). Like trademarks, the inherent distinctiveness of a trade dress is categorized along the generic-descriptive-suggestive-arbitrary-fanciful spectrum. See Two Pesos, 505 U.S. at 768. A trade dress which is not inherently distinctive, however, may acquire distinctiveness through secondary meaning. Id. at 769. In other words, over time customers may associate the primary significance of a dress feature with the source of the product rather than the product itself. See Qualitex Co. v. Jacobson Prods. Co., 514 U.S. 159, 163 (1995). When a trade dress has become distinctive of a product's source, courts have permitted protection under § 43(a) of the Lanham Act. See I, 505 U.S. at 769.