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Re: Trademark Question - Fashion Design Problem[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by George H. Mills on April 13, 1999 at 07:52:32: In Reply to: Trademark Question - Fashion Design Problem posted by Elaine McGrath on April 02, 1999 at 18:28:49:
There is a recent case dealing with this issue and Walmart. Walmart was sued for selling knock offs of clothing with a particular designed collar and style; Walmart lost the suit, had to pay damages, and was enjoined from selling that style. I do not have the citation of the suit, but my recollection is that they were sued under the Lanham act and the court found that they infringed on the orginal designer's trade dress: : Thanks,
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