The variance between the two trade dress classifications, as set forth in the Two Pesos case, is that product packaging is usually inherent where product design is not. Id at 215. The primary function of product packaging is to identify the product’s source; consumers are inclined to make that connection, making a distinction unnecessary. Id at 212. However, consumers are less likely to associate a product’s design or functionality with its source. Id at 213. For this reason, classifying ambiguous trade dress as product design, which requires distinctiveness, serves to protect consumers and new entrants because, as a whole, product design provides more usefulness than source identification. Id at
The variance between the two trade dress classifications, as set forth in the Two Pesos case, is that product packaging is usually inherent where product design is not. Id at 215. The primary function of product packaging is to identify the product’s source; consumers are inclined to make that connection, making a distinction unnecessary. Id at 212. However, consumers are less likely to associate a product’s design or functionality with its source. Id at 213. For this reason, classifying ambiguous trade dress as product design, which requires distinctiveness, serves to protect consumers and new entrants because, as a whole, product design provides more usefulness than source identification. Id at