Trade dress is protected if the design has acquired secondary meaning to the consumer.
Samara sued for infringement of unregistered trade dress. The jury held for Samara. Wal-Mart moved for judgment as a matter of law, claiming that Samara's designs could not be legally protected under the Lanham Act as distinctive trade dress. In an action for infringement of unregistered trade dress, a design is distinctive, and therefore protectible, only upon a showing of secondary meaning. The Lanham Act protects registered trademarks and unregistered marks, including trade dress-the packaging of a product or its distinctive design.