'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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
'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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
User Contributions:
Comment about this article or add new information about this topic:
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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: SEC, Congress clarify securities disclosure issues; the recent reform act and new SEC proposals will help simplify some reporting requirements
- Abstracts: Towards a centralized perfection system for cross-border receivables financing. The draft UNCITRAL Convention on Assignment of Receivables in International Trade: a summary of the key provisions as completion draws near
- Abstracts: Some fee schedules facing cuts; proposals for disability cases could result in overcharges, ABA argues. 'Save the children' more urgent; U.S. delays in ratifying accord could jeopardize adoptions by American citizens
- Abstracts: Constitutional law -- Fourth Amendment -- Eleventh Circuit invalidates search because officers failed to inform bus passengers that they could withhold consent
- Abstracts: Patent law; examination guidelines. Patent law; business method patents. Intellectual Property Bankruptcy Act aids licensees; the act can assist those that license technology from bankrupt companies