Functional or fucktionable

'HOOTERS GIRL' IS FUNCTIONAL, NOT PROTECTABLE AS CHIEF
PORTION OF RESTAURANT TRADE DRESS

The white tank top and orange shorts-clad "Hooters Girl," as
the predominant feature of the Hooters restaurant trade
dress, is not entitled to trade dress protection because she
is primarily functional, serving to provide vicarious sexual
recreation and arouse male customers' fantasies, the U.S.
District Court for the Middle District of Florida held Dec.
13 (HI Limited Partnership v. Winghouse of Florida Inc.,
M.D. Fla., No. 6:03-cv-116-Orl-22JGG, 12/13/04).

http://pubs.bna.com/ip/BNA/ptd.nsf/is/A0B0E0T1Z4 [requires subscription]