With IP scholar Mark McKenna, we discuss a body of law we at least all agree should exist: trademark. Why is it essential? What are design patents? (Christian didn’t really know. But he opposes them nonetheless.) How do and should they differ from trademarks? Should there be a much shorter but partly functional protection for innovators’ identities as innovators? We discuss the example of Apple, Samsung, Android, and dilution.
This show’s links:
- Mark McKenna’s faculty profile and writing
- About the escutcheon
- About Joe Miller, the Alaskan politician
- The A.V. Club’s Podmass, featuring a write-up about our show by Dan Jakes!
- Mark McKenna, Trademark Year in Review
- Qualitex Co. v. Jacobson Prods. Co.
- Wal-Mart Stores v. Samara Brothers
- Traffix Devices v. Marketing Displays
- Mark McKenna, Confusion Isn’t Everything
- Apple v. Samsung (order denying attorneys’ fees but reviewing the substance of the trade dress claims)
- Sears, Roebuck and Co. v. Stiffel Company
- Compco Corp. v. Day-Brite Lighting, Inc.
- In re Webb (reversing a ruling that a prosthesis, unobservable once implanted, could not be the subject of a design patent)
- Christopher Jobson, Welcome to Dismaland: A First Look at Banksy’s New Art Exhibition Housed Inside a Dystopian Theme Park
- Mark McKenna and Katherine Strandburg, Progress and Competition in Design
- Steve Jobs’ slide containing smartphones as they existed at the moment (source article)