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In: Other Topics

Submitted By tracyaigner1
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1. Case Name, Citation, and Court Walmart Stores Inc, v. Samara Brothers, Inc 529 U.S. 205, 120 S Ct. 1399, 146 L. Ed. 2d 182, Web 2000 U.S. Lexis 2197(2000) Supreme Court of the United States
2. Key Facts A. Samara Brothers, Inc designed and manufactured children’s clothing. B. Samara sold the clothing line to retailers. C. Retailers sold the Samara line of clothing to Walmart Stores, Inc. D. Walmart is a large chain who operates budget warehouse stores. E. Walmart contacted Judy-Phillipine, Inc (JPI) to make a line of clothing for children. F. Walmart sent photos of the Samara’s line of clothing to JPI. G. JPI reproduced the clothing in the photos. H. Walmart then sold the line of clothing from JPI, in its stores for over $1.15 million dollars. I. Samara found out Walmart was selling the knock off line and sent a cease-and-desist letter to Walmart. J. Samara sent cease-and-desist letters to Judy-Philippine, Kmart, Caldor, Hills, and Goody's for copyright infringement under federal law, consumer fraud and unfair competition under New York law, and—most relevant for our purposes— infringement of unregistered trade dress under § 43(a) of the Lanham Act, 15 U. S. C. § 1125(a). (Law, 2013) (Circuit, 1998) H. All defendants except Walmart settled before trail K. Walmart did not respond to the cease-and-desist letter. L. Samara Brothers, Inc sued Walmart Stores, Inc for stealing trade dress under §43(a) of the Lanham Act. M. On the outset of the case there was not a clear regard to the distinctiveness of the “secondary meaning”. (Law, 2013) N. The first issue is whether the garments are “inherently

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