Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
United States Supreme Court
529 U.S. 205 (2000)
Relevant factsFree
Samara Brothers (plaintiff) designed children's clothing that Wal-Mart (defendant) copied with only minor changes; Samara sued for trade-dress infringement and won in the district court and Second Circuit, with Samara relying on Two Pesos v. Taco Cabana to argue that product-design trade dress, like the product-packaging trade dress at issue there, could be inherently distinctive without needing to show secondary meaning.
IssueFree
Whether, in an action for infringement of unregistered trade dress, a product's design can be inherently distinctive without a showing of secondary meaning.