Document Type

Article

Comments

29 Yale Journal on Regulation 387 (2012)

Abstract

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

10-2013

Keywords

intellectual property, trademark, trade dress

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