Review of the Case “Wal-Mart Stores, Inc. v. Samara Brothers, Inc.”

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Essay #: 069888
Total text length is 9,449 characters (approximately 6.5 pages).

Excerpts from the Paper

The beginning:
Review of the Case "Wal-Mart Stores, Inc. v. Samara Brothers, Inc."
Abstract
This paper shall examine the Supreme Court Case of Wal-Mart Stores, Inc, v. Samara Brothers, Inc and the concept of common law trade dress rights. The paper will first provide and overview of trademark law and registration looking at both registered and common law trademarks. The distinctions and legal precedents are explored. Then the paper will provided an overview of trade dress law and the distinctions between registered and common law rights. The paper will review the holdings of the Court in the Wal-Mart case. The distinction from copyright is explained and how copyright protection is different that trademark protection is briefly illustrated. The...
The end:
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Trademark. (2010). Legal Information Institute – Cornell University Law School. Retrieved June 24, 2011, from http://topics.law.cornell.edu/wex/Trademark
Tysver, D. (2008). Common law trademark rights. Bitlaw.com. Retrieved June 24, 2011, from http://www.bitlaw.com/trademark/common.html
Wal-Mart Stores, Inc. v. Samara Brothers, Inc. (2000). Legal Information Institute – Cornell University Law School. Retrieved June 24, 2011, from http://www.law.cornell.edu/supct/pdf/99-150P.ZO
Weber, C. (2007). Trade dress basics. Sughrue.com. Retrieved June 24, 2011, from http://www.sughrue.com/files/Publication/a5e682a6-09e8-4fb4-8d52-f3ba796ee215/Presentation/PublicationAttachment/28d42aa1-f2c4-4516-9a6c-f84323a0b1a7/tradedress.htm