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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.

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