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WAL-MART STORES, INC. v. SAMARA BROTHERS, INC.

No. 99-150.

529 U.S. 205 (2000)

WAL-MART STORES, INC. v. SAMARA BROTHERS, INC.

United States Supreme Court.

Decided March 22, 2000.

Attorney(s) appearing for the Case

William D. Coston argued the cause for petitioner. With him on the briefs were Kenneth C. Bass III and Martin L. Saad.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Ogden, Edward C. DuMont, Barbara C. Biddle, Alfred Mollin, Albin F. Drost, and Nancy C. Slutter.

Stuart M. Riback argued the cause for respondent. With him on the brief was Mark I. Levy.*

Scalia, J., delivered the opinion for a unanimous Court.

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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