I think it's that a pharmaceutical application for a pharmaceutical trade dress would now argue that my particular medication, the look of it, the little triangular blue pill, may not yet have become “distinctive”, but it is inherently capable of being distinctive, and therefore I should get a trademark, with all of the rights flowing from that. For the generic pharmaceutical industry, that would be troubling because we have so far been successful in ensuring that those trademarks are not granted to the look of a pill.
Just to be clear, if it's a brand-name company—Pfizer, Merck, or Glaxo—it is clearly distinguished that those are their products. Their name and company logo are on the pill and on the package. Then if it's Apotex or Teva or Pharmascience, that's clearly distinguished. There is no attempt to confuse anyone wanting to know who the manufacturer is. But the reality is that—