Question

Ted's red hots is a hot dog restaurant that has the shape of a hot dog in a bun, with the hot dog wearing a white chef's hat at one end. wally's is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef's hat. ted's probably has an infringement claim based on:

Answer 1

Wally opened up a new hotdog restaurant and used  a dog shape with a white chefs hat.
Ted has already opened his restaurant and Wally has infringed on his patent or idea of using a white chefs hat