'Samara' expands trade dress protection for clothes; the 2d Circuit found the overall design of several nondistinctive features inherently distinctive

Article Abstract:

The United States Court of Appeals for the 2d Circuit ruling in Samara Bros., Inc. v. Wal-Mart Stores, Inc. is discussed, which ruled that the trade dress of a children's clothing line was inherently distinctive and affirmed damages against Wal-Mart for selling clothing that copied Samara's trade dress.

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'Wal-Mart' clarifies product appearance trade dress; high court added a condition to Lanham Act protectability: proof of secondary meaning

Article Abstract:

Issues are discussed regarding the Supreme Court's reaffirming its recognition of trade dress protection under the Lanham Act in Wal-Mart Stores v. Samara Bros. The Court conditioned its approval upon proof of secondary meaning of the trade dress.

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Trademark law; product design trade dress

Article Abstract:

Issues concerning how trade dress protects product design features and many court rulings on trade dress are discussed. The US Supreme Court granted certiorari on one such case, Wal-Mart Stores, Inc. v. Samara Bros., Inc.

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