29 Yale Journal on Regulation 387 (2012)
Judge Richard Cudahy’s dissenting opinion in the 1993 trade dress case, Kohler Co. v. Moen Inc., dealt with the importance of the “right to copy” unpatented designs. This Essay argues that this opinion foreshadowed the Supreme Court’s recent shift away from an overly simplistic view of intellectual property as the sole engine of innovation to a renewed understanding of the interplay between property and competition as innovation drivers.
Date of Authorship for this Version
intellectual property, trademark, trade dress
Strandburg, Katherine J., "Rounding the Corner on Trade Dress: A Tribute to the Jurisprudence of Judge Richard D. Cudahy" (2013). New York University Law and Economics Working Papers. Paper 355.