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The Right To Copy ' and Use ' Unprotected Product Designs Is Alive And Well
The Seventh Circuit has reaffirmed a competitor's right to copy and use unprotected product designs ' and clarified the ability to do so without violating the Lanham Act for “passing off” or trade dress infringement. Bretford Mfg., Inc. v. Smith System Mfg., Corp., 419 F.3d 576 (7th Cir. 2005). This article examines the legal precedent behind the right to copy and use unprotected product designs in the context of this case, and provide analysis of its impact.
The Notion of Freedom to Copy
The Supreme Court has long recognized that “if a design is not entitled to a design patent or other federal statutory protection, then it can be copied at will.” Compco v. Day-Brite Lighting, Inc., 376 U.S. 234, 238 (1964). Thus, “rivals [have a] right to reverse-engineer and copy products which they may do down to the last detail unless a feature of the product is protected by patent, copyright, or trademark law.” TraFfix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23, 29 (2001). This “right” rests on a public policy that competition is hindered when competitors are unduly barred from duplicating unprotected design features, as “[a]llowing competitors to copy will have salutary effects in many instances.” Id.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?