This Article assesses intellectual property law's emerging role as a modern form of
sumptuary law. The Article observes that we have begun to rely on certain areas of …

ABSTRACT A design patent owner who wins her suit is entitled to the defendant's entire
profit from the sale of the product, whether or not the design was the basis for buying the …

Design patents have been part of American law since 1842. In that time, only just over
600,000 design patents have been issued, with more than half of these being granted in the …

Conventional wisdom tells us that the standards for patent protection are higher than the
standards for copyright protection. Specifically, commentators assert that the copyright …

As consumer demand becomes more sophisticated, a growing number of manufacturers are
not only focusing on the brands under which their respective products are sold, but also on …

In a series of cases spanning more than one hundred years, courts and the US patent office
have made clear that design patents are not to be justified by a fact that the newly invented …

Originalism's critics have failed to block its rise. For many jurists and legal scholars, the
question is no longer whether to espouse originalism but how to espouse it. This Article …

The Nexus Between Creativity and Innovation: A Comparative Approach to Copyright and
Industrial Design Protection Page 1 The Nexus Between Creativity and Innovation: A …

The Patent Office, 1 inspired by a Federal Circuit case, 2 is issuing patents on shocking3
new tax loopholes. A patent effectively grants the inventor a 16-year monopoly on a tax …

Under modern US law, concurrent copyright and design patent protection for a given design
is permissible; no election between regimes is required. The goal of this chapter is to explain …