Justice Scalia, delivered the opinion of the Court.
In this case, we decide under what circumstances a product's design is distinctive, and therefore protectible, in an action for infringement of unregistered trade dress under § 43(a) of the Trademark Act of 1946 (Lanham Act), 60 Stat. 441, as amended, 15 U. S. C. § 1125(a).
I
Respondent Samara Brothers, Inc., designs and manufactures children's clothing. Its primary product is a line of...
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