This should be interesting. Guinness Book of World Records sues Scholastic alleging trade dress infringement of its covers (See covers above).
Guinness argues that the cover ‘is in essence the “packaging” of GWR’s product . . . thus, GWR is not required to demonstrate the existence of secondary meaning.’ (see pages 5-6). The memo of law (below) provides no citation on that one. Packaging trade dress can be inherently distinctive while product configurations must show secondary meaning to be protectable.