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.
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. <i>Bretford Mfg., Inc. v. Smith System Mfg., Corp.</i> 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.
By
Thomas J. Wimbiscus, Alejandro Menchaca And Dennis P. HackettThis premium content is locked for LawJournalNewsletters subscribers only
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