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 descriptive trade dress, however, is not entitled to trade dress protection unless it has acquired secondary meaning in the marketplace. See Two Pesos, 505 U.S. at 769. Whether a trade dress has acquired secondary meaning is a question of fact and thus generally should not be decided at the summary judgment stage. See Marker Int'l v. deBruler, 844 F.2d 763, 764 (10th Cir. 1988). A trade dress acquires secondary meaning when "its primary significance in the minds of potential consumers is no longer as an indicator of something about the product itself but as an indicator of its source or brand." Vornado Air Circulation Sys., 58 F.3d at 1502; see also Two Pesos, 505 U.S. at 766 n.4. "The ultimate inquiry is whether in the consumer's mind the mark denotes a single thing coming from a single source. That single source, however, need not be known by name by consumers." Stuart Hall Co. v. Ampad Corp., 51 F.3d 780, 789 (8th Cir. 1995) (quotations and citations omitted).