Wal-Mart Stores, Inc. v. Samara Brothers, Inc
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Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205 (2000)
1) How were prior cases on the question of trademark protection addressed by the Court?
2) Did any federal statute play a substantial role in the decision of the Court?
3) Explain the Wal-Mart decision. What was the holding and what did the Court base this holding on?
4) Was the holding of the court broad or narrow? What do you perceive the impact of this case will be on the industry?
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Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205 (2000)
I would like these questions addressed.
Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205 (2000)
1) How were prior cases on the question of trademark protection addressed by the Court?
The court considered cases in which trade mark definition was extended from symbols, to symbol marks, trade dress, and extended to design of products. The court considered the cases: Ashley Furniture Industries, Inc. v. Sangiacomo N. A., Ltd., 187 F.3d 363 (CA4 1999) (bedroom furniture); Knitwaves, Inc. v. Lollytogs, Ltd., 71 F.3d 996 (CA2 1995) (sweaters); Stuart Hall Co., Inc. v. Ampad Corp., 51 F.3d 780 (CA8 1995) (notebooks). According to the supreme courts these decisions were related to trade dress as "symbols or devices" Almost anything can carry meaning so the language is not restrictive: The court considered the case: Qualitex Co. v. Jacobson Products Co., 514 U.S. 159, 162 (1995). As distinctiveness is a prerequisite for registration of the trademark, the principles qualifying a mark for registration ...
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