Trade Dress and Design Law

Trade Dress and Design Law
Author: Graeme B. Dinwoodie
Publisher: Aspen Publishing
Total Pages: 804
Release: 2024-03-12
Genre: Law
ISBN: 1543806775

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A student-friendly text offering an integrated treatment of the different forms of intellectual property protection available for trade dress and designs. Featuring succinct yet in-depth exploration of the protection of trade dress and designs under the laws of trademark and unfair competition, design patent, copyright, and sui generis protection regimes. This book can be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for a variety of intellectual property courses. A substantial chapter on European design laws is also included. New to the 2nd Edition: Substantially updated and rewritten chapters on design patent law reflecting major recent developments Trade dress chapters that reflect recent doctrinal refinements and the application of core Supreme Court decisions such as Wal-Mart and TraFix Revised treatment of copyright protection for designs of useful articles in the wake of the Supreme Court’s Star Athletica decision Enhanced coverage of European design protection Professors and students will benefit from: Analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes. A detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws. Thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property. Exploration of the application of copyright protection to pictorial, graphic, and sculptural works, architectural works, and works of visual art, among others. Coverage of sui generis design protection regimes.

Trade Dress and Design Law

Trade Dress and Design Law
Author: Graeme B. Dinwoodie
Publisher: Aspen Publishing
Total Pages: 600
Release: 2010-01-01
Genre: Law
ISBN: 0735568324

Building on their well-received casebook, Trademarks and Unfair Competition: Law and Policy, the authors present Trade Dress and Design Law, the first student text to offer an integrated treatment of the forms of intellectual property protection available for trade dress and designs. This exceptional paperback may be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for an advanced survey course or a variety of other intellectual property courses. This addition to the exciting Elective Series offers an analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes, including: a detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property exploration of the application of copyright protection to pictorial, graphic and sculptural works, architectural works, and works of visual art, among others coverage of sui generis design protection regimes integrated discussions of European and international sources

Trade Dress

Trade Dress
Author: Shayna Giles
Publisher:
Total Pages: 0
Release: 2017
Genre:
ISBN:

Fashion design is an uneasy fit for intellectual property law. Because trade dress is not clearly defined in the Lanham Act, the courts were able to expand this area of intellectual property to protect product design in the fashion industry. Congress does not concur with this expansion, as demonstrated by the lack of legislative action in the face of multiple opportunities to grant protection to fashion design. Despite Congressional intent, the courts attempted to fit fashion design into various types of intellectual property law, beginning with copyright and patent. After realizing that neither of those was an appropriate fit for fashion design, the courts settled on trademark law and more specifically trade dress. The Supreme Court leaves product design ambiguous as a trade dress category in Two Pesos. Recognizing its mistake, the Supreme Court then tries to clarify product design in Wal-Mart by distinguishing the trade dress at issue in Wal-Mart from Two Pesos, arguing that Two Pesos actually addressed product packaging while Wal-Mart was a product design issue. The Supreme Court in TrafFix further strengthened its warning from Wal-Mart against trade dress expansion. Nonetheless, the Second Circuit Court of Appeals ignored the Supreme Court's caution and increased trade dress protection in Louboutin, overstepping its boundaries in a way that Congress, the Supreme Court, and public policy do not support.

Intellectual Property in the New Technological Age

Intellectual Property in the New Technological Age
Author: Robert P. Merges
Publisher: Aspen Publishers
Total Pages: 584
Release: 2008
Genre: Law
ISBN:

The Intellectual Property laws change nearly every year. To keep your course up to date, rely on this comprehensive 2008 Case and Statutory Supplement to provide the latest legislative and international developments in all areas of Intellectual Property. Up-to-date developments in case law, including : changes in patentable subject matter And The law of willfulness new developments in digital copyright updated treatment of trademark use the first cases interpreting the Trademark Dilution Revision Act Updating Patent Law, Trademark Law, and Copyright Law : The Copyright Act The Lanham Act International Agreements Legislative Developments