Walmart Stores Inc. Vs. Samara Brothers Inc,

2311 words - 10 pages

Walmart Stores, Inc. vs. Samara Brothers, Inc.
: Commercial Law

1. Summarize the facts associated with Walmart Stores, Inc. v. Samara Brothers, Inc.
Samara is a manufacturer of children's clothing. The core of Samara's business is its line of spring/summer seersucker children's garments. Wal-Mart is a national chain of retail stores which sells a variety of items, including children's clothes.
In 1995, Wal-Mart contracted with Judy-Philippine, Inc. (“JPI”) to have JPI manufacture for Wal-Mart a large quantity of children's seersucker garments to be offered for sale under Wal-Mart's house label, “Small Steps,” in the 1996 ...view middle of the document...


Wal-Mart alone sold the JPI garments under its own house label. The other stores sold the garments under the JPI label, “Cuties by Judy.”

2. Identify the legal question(s) that is under consideration.
The legal question is that Wal-Mart’s case appears to be a narrow opinion devoted to the arcane question of whether federal trade dress protection requires a showing that the trade dress has “acquired” distinctiveness and if there is a protection of infringement registration of trademarks under the Lanham Act, which defines in §45 to include “any word, name, symbol, or device, or any combination thereof [used or intended to be used] to identify and distinguish [a producer’s] goods . . . from those manufactured or sold by others and to indicate the source of the goods . . . .” 15 U. S. C. §1127. Registration of a mark under §2 of the Act, 15 U. S. C. §1052, enables the owner to sue an infringer under §32, 15 U. S. C. §1114; it also entitles the owner to a presumption that its mark is valid, see §7(b), 15 U. S. C. §1057(b), and ordinarily renders the registered mark incontestable after five years of continuous use, see §15, 15 U. S. C. §1065. In addition to protecting registered marks, the Lanham Act, in §43(a), gives a producer a cause of action for the use by any person of “any word, term, name, symbol, or device, or any combination thereof . . . which . . . is likely to cause confusion . . . as to the origin, sponsorship, or approval of his or her goods . . . .” 15 U. S. C. §1125(a). It is the latter provision that is at issue in this case.
The breadth of the definition of marks registerable under §2, and of the confusion-producing elements recited as actionable by §43(a), has been held to embrace not just word marks, such as “Nike,” and symbol marks, such as Nike’s “swoosh” symbol, but also “trade dress”— a category that originally included only the packaging, or “dressing,” of a product, but in recent years has been expanded by many courts of appeals to encompass the design of a product.

3. Prioritize the rules of law that the court will consider.
Since the text of §43(a) provides little guidance as to the circumstances under which unregistered trade dress may be protected. It does require that a producer show that the allegedly infringing feature is not “functional,” see §43(a)(3), and is likely to cause confusion with the product for which protection is sought, see §43(a)(1)(A), 15 U. S. C.. §1125(a)(1)(A). Nothing in §43(a) explicitly requires a producer to show that its trade dress is distinctive, but courts have universally imposed that requirement, since without distinctiveness the trade dress would not “cause confusion . . . as to the origin, sponsorship, or approval of [the] goods,” as the section requires. Distinctiveness is, moreover, an explicit prerequisite for registration of trade dress under §2, and “the general principles qualifying a mark for registration under §2 of the Lanham Act are for the most part...

Other Essays Like Walmart Stores Inc. vs. Samara Brothers Inc,

Global Business-Walmart Essay

4366 words - 18 pages 1 INTRODUCTION TO WALMART 1.1 Overview “Wal-Mart Stores, Inc., branded as Walmart, is an American multinational retail corporation that runs chains of large discount department stores and warehouse stores. The company is the world’s third largest public corporation, according to the Fortune Global 500 list in 2012, the biggest private employer in the world with over two million employees, and is the largest retailer in the world. Walmart

Ganstashiet Essay

1573 words - 7 pages Stores U.S. * 2.1.1 Walmart Discount Stores * 2.1.2 Walmart Supercenter * 2.1.3 Walmart Market * 2.1.4 Supermercado de Walmart * 2.1.5 Walmart Express * 2.2 Sam's Club * 2.3 Walmart International * 2.4 Vudu * 2.5 Private label brands * 2.6 Entertainment * 3 Corporate affairs * 3.1 Finance and governance * 3.2 Competition * 3.3 Customer base * 3.4 Economic

E-Business Ebus308 How Walmart Became a Super Power

4342 words - 18 pages poor customer service in Walmart but due to the low prices customers put up with the rift raft due to low prices. Walmart vs Amazon Walmart knows that in order to stay on top of the retail list that they have to change with the times. Amazon is the world’s largest online stores that offer new and used products. “According to Nielsen, e-commerce will gain more ground than any other segment of the retail industry by 2017, with a compound

Walmart Analysis

1704 words - 7 pages people of that community. These taxes not only come from Walmart’s corporate income tax, but also from the taxes that are generated from the wages of the employees at Walmart, which segues perfectly the next point. According to numbers from www.statisticbrain.com, the average Walmart store employs 470 employees. Though the unfortunate result from a Walmart moving to town may in fact be other stores closing down, it cannot be said that new

Labor Laws and Unions

796 words - 4 pages brought up in many different states. Many states has a minimum-wage requirement that has to be followed by all the businesses in the state. One example is the case Walmart Stores vs S.C. Savaglio, where a group of Walmart employees sued Walmart because Walmart allegedly had violated California’s meal period law (Cascio, 2010). Walmart lose $172 million dollars in the general and punitive damages. Not even a year after that, Walmart loses another

Comparing Walmart and Target Capital Expenditures

852 words - 4 pages devaluation expenditure developed at a higher rate from 2011 to 2012 than it did from 2012 to 2013” (Mergent Inc. 2013). Walmart capital expenditures are the following: 2013 2012 2011 Proceeds from the disposal of property & equipment 534,000 582,000 491,000 Investments & business acquisitions, net of cash acquired (318,000) (3,550,000) (204,000) Other investing activities 73,000 (131,000) 221,000 Target capital expenditures are the

Lowes And Walmart

635 words - 3 pages accident occurs in the stores but when it comes to its own employees being given the proper breaks, the company fails in that category. The corporation is yet again facing a vast number of lawsuits over missed rest breaks and lunch breaks. "Walmart has faced more than 70 lawsuits across the country in which workers have accused it of making them miss required breaks or work off the clock"(Greenhouse, 2008, p.1). Walmart has had to pay through

Impact of Monopolies on Communities

2267 words - 10 pages IS WALMART’S IMPACT ON COMMUNITIES GOOD OR BAD? In the past decades, Walmart has expanded its retail stores in the United States despite resistance from local governing economic entities and the public. The main reason for resisting Walmart entering their market is that most believe that Walmart’s entry is a threat to the community’s cultural, historical, environmental, and economic values. But the most heard of complaints from most

Canadian Companies

1959 words - 8 pages * Allied Shipbuilders * Alta Newspaper Group * Alterra Power * Angoss Software Corporation (software) * Appnovation * Arc'teryx (outdoor apparel/equipment) * Atimi Software Inc * Aritzia (clothing) * Army & Navy Stores (Canada) * Arsenal Pulp Press (publisher) * ATI technologies (semiconductors) * Atmosphere Visual Effects (movie special effects) * AVI Sound International (audio/visual equipment

Wal-Mart Stores: “Every Day Low Prices” in China

1712 words - 7 pages Slater, R. (2003) The Walmart Decade, Penguin Books: London. 4 Figures have been collected from Walmart’s annual reports. 06/297 Walmart Stores: Every Day Low Prices in China 3 The Wal-Mart Value I’ve yet to meet a customer who came to a store because we’re Number One: If they come it’s because of the value we give them. - Lee Scott, CEO of Wal-Mart Stores Inc. 5 There were many reasons why a customer chose to shop at one store instead of

Introduction Walmart

1701 words - 7 pages . Bibliogrfia http://www.buzzle.com/articles/history-and-facts-about-wal-mart.html http://www.cio.com/article/2437873/infrastructure/45-years-of-wal-mart-history--a-technology-time-line.html http://www.businessinsider.com/the-incredible-story-of-walmarts-expansion-from-five-and-dime-to-global-megacorp-2011-7?op=1 http://en.wikipedia.org/wiki/Walmart#Early_years_.281945.E2.80.931969.29 http://corporate.walmart.com/our-story/history/history-timeline -------------------------------------------- [ 1 ]. http://en.wikipedia.org/wiki/Walmart#Early_years_.281945.E2.80.931969.29 [ 2 ]. Wal-Mart Stores, Inc. Brent E. Riffel, University of Arkansas, Fayetteville

Related Papers

Wal Mart Stores, Inc Essay

3608 words - 15 pages WAL-MART STORES, INC.Wal-Mart is operating a mass merchandising retail store in all 50 states ofthe US under a variety of formats, Wal-Mart Stores Inc. as Wal-Mart scores anumber of 'tops' in its businesses. It has the largest discount department storechain in the world, largest retail firm in the US and largest retailer in the world,the wealthiest and most powerful corporation in the world. And more recently,Wal-Mart gained the top spot of the

Wal Mart Stores Inc: Dominating Global Retailing Comprehensive Case

4282 words - 18 pages Wal-Mart Stores Inc: Dominating Global Retailing Comprehensive Case Analysis Arfandy #020204 Munin #200400183 Momrey #200400313 Table of Contents 1. Wal-Mart Short Case Analysis I. Wal-Mart Mission Statement II. Strategic Issue III. Subordinates Issues IV. Recommendation Strategy 2. SWOT Analysis I. Strengths II. Weaknesses III. Opportunities IV. Threats 3. External

Walmart Vs Samara Bros Essay

1664 words - 7 pages Review and History of Supreme Court Case titled Wal-Mart Stores, Inc. v. Samara Brothers, Inc. Lee Dupree Prof. Michael Hanners LEG 565 Commercial Law 08/08/12 Before the Case Ultimately, the goal of trade dress protection has always been to prevent other manufacturers from making one product look like another, therefore deceiving unaware consumers into purchasing goods from the wrong manufacturer. By the end of the 1990s

History Of Walmart Essay

684 words - 3 pages , (2001)). From there on Walmart increased and was incorporated as Walmart Stores Inc. on October 31, 1969. The 1970s marked the beginning of significant growth for the company. In 1970 the company opened the first Walmart distribution center, and also the Walmart Home Office, in Bentonville. Ark. At that time Walmart employed around 1,500 employees working in 38 stores with sales of $44.2 million. At that time Walmart also began selling shares over