Amicus Brief

Wal-Mart Stores, Inc. v. Samara Brothers, Inc.

Published: January 1, 2000

Court

U.S. Supreme Court

Our Position

For purposes of Lanham Act trade dress protection, nonfunctional aspects of a product’s design may be an inherently distinctive trade dress that is protectable without secondary meaning. The differing perceptions consumers attach to a product’s appearance, as opposed to packages and labels, should be considered.

Outcome

The Court held that a product design can never be inherently distinctive, and therefore protectable, in an action for infringement of unregistered trade dress. The Court concurred with INTA that a different standard should be applied to products as opposed to packaging and designs.

Download this Brief

Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

To find out more please see our Cookies Policy and Privacy Policy.