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The Right To Copy ' and Use ' Unprotected Product Designs Is Alive And Well

By Thomas J. Wimbiscus, Alejandro Menchaca and Dennis P. Hackett
November 29, 2005

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

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