Document Type

Article

Publication Title

Yale Journal on Regulation

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.

First Page

387

Volume

29

Publication Date

2012

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