In Wal-Mart v. Samara Brothers, where Wal-Mart was accused of copying the design of children's clothing, the Supreme Court held that for trade dress protection to exist, the good or service must:
A) be registered with the Trademark office
B) be "original"
C) have secondary meaning
D) all of the other specific choices
E) none of the other choices

Question

Quizplus · Accepted Answer

The Supreme Court held that for trade dress protection to exist, the good or service must have "secondary meaning." While registration with the Trademark office may strengthen a claim for protection, it is not necessary. Additionally, the good or service does not necessarily need to be "original" in the sense that it is the first of its kind, but it must have acquired distinctiveness in the eyes of consumers. Therefore, the best choice is C.

In Wal-Mart V