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Intellectual Property

Apr. 18, 2000

Kids Stuff

THE ADVISER A design can't be protected as trade dress unless it has achieved secondary meaning. By Rod S. Berman and Steve Plotkin

By Rod S. Berman and Steve Plotkin
         On March 22, in Wal-Mart Stores Inc. v. Samara Brothers Inc., 120 S.Ct. 1339 (2000), the U.S. Supreme Court ruled that a product's appearance or design cannot be protected as trade dress under Section 43(a) of the Lanham Act (15 U.S.C. Section 1125(a)) unless the appearance of the product has achieved so-called "secondary meaning"; that i...

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