When designers obtain exclusive intellectual property (IP) rights in the. functional aspects of
their creations, they can wield these rights to increase both the costs to their competitors and …

The US design patent system has been repeatedly criticized as being too expensive.'It is
true that design patents are expensive, at least compared to some other forms of intellectual …

The creative endeavors of fashion designers have long been celebrated by consumers,
journalists, and even museums. But despite the widespread recognition of fashion design's …

In a recent lawsuit, a stun-gun manufacturer sued the makers of the video game Call of Duty:
Black Ops II. The company alleged that the appearance of certain in-game weapons …

One of the most important questions in contemporary design patent law is how to interpret
the phrase “article of manufacture” in 35 USC § 289. While there has been much discussion …

To be patentable, a design is supposed to be novel, nonobvious, and ornamental.! But every
week, the US Patent and Trademark Office (USPTO) issues patent for designs that seem to …

The legal literature is full of dire empirical assertions about design patents. Commentators
say that the US Patent and Trademark Office (USPTO) rejects around half of all design …

Amid the surge of intellectual property (IP) disputes surrounding non‐fungible tokens
(NFTs), some scholars have advocated for the application of personal property or sales law …

To earn patent protection, a claimed product design must be" nonobvious." Yet while
nonobviousness has been described as" the heart" and" cornerstone" of the utility patent …

The current low-IP regime in the United States fails to provide adequate protection for
fashion designs. Multiple bills had been proposed in Congress to extend copyright …