Task: Text Completion
Input (English): applies only when trade dress somehow explains or describes the function of a product, e.g., the use of a shiny car on the label of a bottle of car wax. Paddington, 996 F.2d at 584. 5 . Kompan also argues that it has shown that its trade dress has acquired secondary meaning. Reply Mem. at 5. Because Kompan has established a likelihood of success on its claim that its trade dress is inherently distinctive, it need not establish secondary meaning. Two Pesos, - U.S. at-, 112 S.Ct. at 2761. I note however that by showing U.S. sales revenues of 4.8 mil-' lion dollars for 1994, a U.S. advertising budget of $350,000 for the same year, and evidence that PSI intentionally copied its product line, Kompan has offered some evidence of secondary meaning. Cf. LeSportsac, 754 F.2d at 78 (<HOLDING>). However, Kompan's failure to show evidence of 
 Holding statements: (A) holding that plaintiffs proof of increase in defendants sales and a corresponding decrease in plaintiffs sales testimony from a consumer witness that she changed products based on defendants false advertising and survey evidence of consumer confusion was enough to prove a likelihood of competitive injury resulting from the defendants advertising (B) holding that plaintiff inadequately pleaded secondary meaning where it failed to allege facts relating to its advertising expenditures consumer surveys marketing coverage or prior attempts to plagiarize plaintiffs trade dress (C) holding that the likelihood of confusion resulting from the defendants adoption of a trade dress similar to the plaintiffs the touchstone test for a violation of  1125 (D) holding that proof of phenomenal sales success substantial advertising expenditures unsolicited media coverage requests from third parties to license the use of plaintiffs design and defendants deliberate attempt to imitate plaintiffs trade dress sufficed to create serious questions going to the merits even in the absence of consumer surveys (E) holding that the trier of fact must consider the length of time and manner of use of trade dress the nature and extent of its use and efforts made in order to promote a conscious connection in the publics mind between the mark and the particular source of origin
Output (English): (D)