Wal-Mart case

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 judg

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Approximate Word count = 2849
Approximate Pages = 11 (250 words per page double spaced)