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.
Katherine J. Strandburg,
Rounding the Corner on Trade Dress,
Yale J. on Reg.
Available at: https://digitalcommons.law.yale.edu/yjreg/vol29/iss2/7