The Global Contours of IP Protection for Trade Dress, Industrial Design, Applied Art, and Product Configuration

Authors

Wendy J. Gordon, Boston University School of LawFollow
Orit Fischman Afori
Mark Janis
Jonathan Moskin

Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

Spring 2010

ISSN

1079-9699

Publisher

Fordham Law School

Language

en-US

Abstract

Before beginning, let me mention that I will confine myself to a limited number of arenas. Thus, for example, I'm not going to discuss design patents, which will be the focus of another speaker's remarks. I will also not discuss the doctrine of aesthetic functionality. My primary goal will be to compare trademark's doctrine of utilitarian "functionality" with copyright's domain of "separability," and to show how for at least two circuit court opinions, the two doctrines may be converging. I hope to stimulate discussion of whether such convergence would be a good idea.

Comments

Symposium Functionality: At the Crossroads of IP. Panel discussion.

Recommended Citation

Wendy J. Gordon, Orit Fischman Afori, Mark Janis & Jonathan Moskin, The Global Contours of IP Protection for Trade Dress, Industrial Design, Applied Art, and Product Configuration , in 20 Fordham Intellectual Property, Media & Entertainment Law Journal 795 (2010).
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2053