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The focus of the research paper will be a relatively recent case by the U.S. Supreme Court. In Wal-Mart Stores v. Samara Brothers, Wal-Mart stores contracted with a clothing manufacturer, Judy-Philippine, Inc., to copy designs by another well-known company, Samara Brothers, Inc., and to manufacture clothes for Wal-Mart. Samara Brothers learned of this copying and sued for Trademark infringement.
The question that this case focuses on is whether the design of the garment itself is protected under Trademark law when it has not been registered. In general, a trademark does not have to be registered to be awarded protection under trademark law. However, whether the design of a garment, including familiar objects such as flowers, can also be protected under this law.
In your paper, address the following questions:
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