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Wal-Mart case

Wal-Mart: Copyright and Trademark Lawsuit

CITE: March 23, 2000 Wall Street Journal

FACTS: Wal-Mart Stores Inc. won by a children-clothing designer, Samara Brother Inc., after it sued the Bentonville, Ark., retail giant and five other retailers in 1996 for copyright and trademark violations.

Wal-Mart had a manufactured contract with a supplier in 1995 for a line of children's clothing based on photographs of Samara who has sued Wal-Mart in the past for copyright and trademark violation. Samara presented that their products have a distinctive look and style that customers can associate with them, thus still meeting the standard for trademark protection for design, known as trade-dress protection. Samara also argued that their distinctive design of its children's wear gave a unique look that identified it in consumers' mind as coming from Samara.

Unfortunately, Justice Antonon Scalia, said that Samara's line wasn't protected by trademark law because Samara's products seem not inherently distinctive by its design, like color. It results that Wal-Mart wins the case by its merchandise-buying process. Now, under the high court's decision, the case will turn to the U. S. Court of Appeals for the Second Circuit to be judged base


CITE: April 17th, 2000 Wall Street Journal

„h Under Supreme Court ruling, a company or designer would have the additional burden of providing that people associate the design with the maker.

COMMENT: In the 21st century, Internet becomes common for individual household, but there is not a specified law to guild the e-world. Legislation should come out a clear rule to restrict the violation of copyright issues and computer fraud over Internet.

If Bidder' s Edge is proved for violation of Computer fraud and Copyright, they should be found enforced. By doing so, it can also warn other people and companies to respect intellectual-property and stop them by steal/copy information from other Web Site for commercial uses.

„h It is unlawful to serve an intoxicated person alcohol beverage

Legal Scholars and intellectual-property Lawyers said such a ruling could set new standard in the debate between what is considered publicity available information on the Internet and what is the Copyright data that companies can charge others to use.

Damage means MONEY. There are two types of damages:



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Aviation Administration, COMMENT Compensatory, Judge Jury, Supreme Court, Bentonville Ark, Flight Attendants, Red Sox, Regulating Tobacco, Negligent Negligence, Sport Stadium, public purpose, red sox, copyright trademark, bidder's edge, supreme court, tobacco companies, philip morris, computer fraud, eminent domain, judge jury, red sox public, 2000 wall street, wall street journal, jury found philip, 12 instead maximum,
Approximate Word count = 2849
Approximate Pages = 11 (250 words per page double spaced)


  

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