Question
In Wal-Mart Stores, Inc. v. Samara Brothers, Inc. Wal-Mart was sued by Samara for copying and selling a children=s clothing line that incorporated a unique
In Wal-Mart Stores, Inc. v. Samara Brothers, Inc. Wal-Mart was sued by Samara for copying and selling a children=s clothing line that incorporated a unique de At the request of Wal-Mart, the United States Supreme Court agreed to hear Wal-Mart's appeal of the lower court decisions which resulted in a verdict agains Wal-Mart. Which of the following is correct? O A. The court held in favor of Wal-Mart because the Samara clothing design had not taken on secondary meaning and, therefore, could not be protected as a trademark. O B. The court held in favor of Samara because Wal-Mart had copied the Samara clothing design without any changes whatsoever. O C. The court held in favor of Wal-Mart and found that clothing design cannot be protected under federal trademark law. O D. The court held in favor of Samara and found that the uniqueness of the clothing design satisfied the distinctiveness requirement necessary to have a trademark under federal trademark law. O E. None of the alternative answers is correct.
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