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In the Case in Which Wal-Mart Was Sued by Samara

Question 115

Multiple Choice

In the case in which Wal-Mart was sued by Samara Brothers under the Lanham Act for selling knockoff clothes designed by Samara Brothers,what did the Supreme Court rule?

A) that a producer such as Samara must show that the allegedly infringing feature is likely to cause confusion with the product for which protection is sought
B) that in an action for infringement of unregistered trade dress, a product's design is protectable only upon a showing of secondary meaning
C) that in an action for infringement of unregistered trade dress, a product's design is protectable without a showing of secondary meaning
D) that a producer such as Samara is not required to show that the allegedly infringing feature is likely to cause confusion with the product for which protection is sought
E) that a producer such as Samara must show that the allegedly infringing feature is likely to cause confusion with the product for which protection is sought, and that in an action for infringement of unregistered trade dress, a product's design is protectable only upon a showing of secondary meaning

Correct Answer: