Samara Brothers Case Summary

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ISSUE During the 1990s, Samara Brothers, Inc. designed and manufactured children’s clothing that was sold in department stores. The clothes made by Samara Bros. consisted of one-piece outfits that were made of seer-sucker fabric with large appliques in a variety of decorative themes for girls and boys. Around the same time, Walmart Inc. hired a clothing manufacturing company to create a line of children’s clothing based on the current line from Samara Bros. Walmart Inc. named their copied line of clothing “Small Steps” and successfully sold it at a lower cost in their national chain of stores making millions in profits. Once Samara Brothers, Inc. learned of the copied garments, they sent numerous letters to Walmart, Inc. to stop the sale and production of the materials they believed they had the right to defend under trade dress laws. When Walmart, Inc. still continued to sell the copied garments, Samara Brothers, Inc. took Walmart, Inc. to court. Samara Brothers, Inc. filed a lawsuit against Walmart Inc. for copyright and trade dress infringement. …show more content…

children’s clothing line were in fact protected by the Lanham Act, the courts looked to previous cases to provide guidance as to how the law has been applied in the past. In the case of Two Pesos, Inc. v. Taco Cabana, Inc. 112 S. Ct. 2753 (1992), the ruling seemed to offer increased protection to unique product packages and design without secondary meaning, specifically the interior design of Taco Cabana restaurants. The arrangement of tables, choice of decorations, and accessories that contributed to the ambience of the restaurant were distinctive to Two Pesos, Inc. restaurants that they were considered protected. The case involved a suit being brought against Two Pesos, Inc. for opening a chain of restaurants that had atmosphere and décor very similar to Taco Cabana restaurants and was ruled in favor of the plaintiff, Taco

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