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sammylou23 from Online College
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Preview: ... ral law, consumer fraud and unfair competition under New York law, and infringement of unregistered trade dress under §43(a) of the Lanham Act, 15 U. S. C. §1125(a). All of the defendants except Wal-Mart settled before trial.After a weeklong trial, the jury sided in favor of Samara Brother’s on
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all of its claims. Wal-Mart thought this was an unfair judgment, so they then renewed a motion for judgment as a matter of law, claiming that there was inadequate evidence to support the initial judgment that Samara Brothers clothing designs could be legally protected as distinctive trade dress for purposes of §43(a). The District Court denied the motion and then awarded Samara Brothers the rightful relief.
Wal-Mart considered the first judgment unfair, so they then renewed a motion for judgment as a matter of law, claiming that inadequate evidence was presented. The Supreme Court's Wal-Mart decision changed the face of trade dress law by holding that, in order to prevail on a trade dress claim based on an unregistered product design or configuration, a plaintiff must prove secondary meaning. A claim that a product design or configuration is inherently distinctive is no longer sufficient to establish liability under the Lanham Act









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1. Why is the title to real property permanent whereas some intellectual property is limited in the time that it is protected?

Real property is land, like the grass your house sits on. You pay money for it and then take title - or legal ownership - of it and then continue to own it for all of time. There is no reason for it to expire. You bought it. You own it. Intellectual property is not real property. It is a patent, a trademark or copyright and for patents, you don't really own anything but your own idea and invention. To promote people coming up with creative
and helpful inventions, the government will give those who patent their ideas the right to keep anyone else from copying and selling a knock off of it for a certain time. Since the idea of patents was to ge ...

The full tutorial is about 1602 words long plus attachments.

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Case Briefs.doc (45K) (Preview)
mgt255_appendix_e.doc (41K) (Preview)

Posted by:

Christyplur from University of Phoenix
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Preview: ... e, (Petitioner) Vs. William D. Stewart, Jr., (Res ...

The full tutorial is about 28 words long plus attachments.

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