Trade dress is form of intellectual property like patent

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Trade dress is a form of intellectual property like a patent, copyright or trademark. It is described as the commercial look and feel of a product or service that identifies and distinguishes the source of the product or service. It includes the various elements (such as the design and shape of materials) used to package a product or services. JustiaLinks to an external site.

In the summary of the case Wal-Mart Stores, Inc. v. Samara Brothers, Inc. in your textbook, Wal-Mart was accused of violating Samara Brothers trade dress protection by copying the designs of their children's clothing. Answer the following questions about the case. This question tests your understanding of ethical v. legal behavior and as such, your opinion may or may not agree with what happened in the case. The important thing is for you support your position on whether or not Wal-Mart behaved ethically.

1. Briefly summarize the facts of this case.

2. The U.S. District Court ruled in favor of Samara Brothers saying that Wal-Mart had infringed on Samara Brother's trade dress protection. What did the U.S. Supreme Court do? How did the Supreme Court explain their decision?

3. In your opinion, even though Wal-Mart was found not to have violated the law, was its conduct ethical? Did Wal-Mart's conduct cause economic harm to Samara Brothers?

Reference no: EM133684973

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