In recent decades, companies around the world have deployed an arsenal of tools-including
IP law, hardware design, software restrictions, pricing strategies, and marketing messages …

Every year, fifty million people in the United States break their smartphone screens. 1 Those
who can afford it face a choice-either repair or replace their phones. A new screen for an …

When is a design just a design, and when is it a trademark? Over the last several decades,
courts have developed a clear framework for evaluating the distinctiveness of certain …

Since its emergence during the Industrial Revolution nearly two centuries ago, US design
patent law has suffered from a profound identity crisis. US copyright law did not yet extend to …

Consumers' right to repair their products is under attack. Manufacturers have decimated this
long-held right by making parts unavailable, preventing products from working, and …

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 …

Under US law, patents are available for" any new, original and ornamental design for an
article of manufacture."'Today, the US Patent and Trademark Office (USPTO) allows …

In 1980, the US Court of Customs and Patent Appeals (CCPA) radically redefined what
counts as a patentable" design for an article of manufacture." 1 In In re Zahn, it held that …

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 …