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

In Shelby Ford v Superperformance, 251 F. Supp. 2d 983 (D. Mass. 2002), the court stated:

The Supreme Court recently held that trade dress, in the form of a product's design (as opposed to packaging), can never be inherently distinctive as a matter of law. Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205, 212 (2000). Rather, a design is distinctive and therefore protectable, only upon a showing of secondary meaning. Id. at 216. The central inquiry for secondary meaning is whether, "in the minds of the relevant consumers, the primary significance of the [Cobra] design is to identify the source of the product," rather than the product itself. I.P. Lund Trading Aps v. Kohler Co., 118 F. Supp. 2d 92, 104 (2000)("Lund III"). In a product design case, there is a presumption that the design does not serve as a brand identifier. Wal-Mart, 529 U.S. at 212. To rebut this presumption, Shelby must create an evidentiary basis for a finding that the source-identifying function has subordinated the design's aesthetic functions. Lund III, 118 F. Supp. 2d at 108.