Trade Dress and Design Law is the first US casebook exclusively devoted to examining the many US intellectual property law regimes that protect innovative product appearances. The book covers relevant aspects of US trademark and copyright law. It extensively covers US design patent law, one of the only US casebooks to do so. And, it even covers sui generis design protection systems, with a special emphasis on European design protection.
The casebook can be purchased online through several merchants. As a part of Aspen's elective series, it's also extremely affordable - by law school standards. For professors considering the casebook, you can order a free review copy directly through Aspen.
The casebook begins with an introduction to the concept of design and the core foundational themes of trade dress and design law, including the issue of cumulative protection. Then, its content revolves around the following intellectual property regimes:
This part contains three chapters dealing with the conditions for protection and the enforcement of trade dress rights in product shapes. It focuses on the concepts of trademark distinctiveness and functionality.
This part covers the conditions for design patent protection, including eligible subject matter, functionality, novelty, nonobviousness, and adequate disclosure. Its second chapter focuses on the design patent infringement standard and unique remedies provision.
This part focuses on aspects of US copyright law that are most relevant to the protection of product appearances: the protection of "pictorial, graphic, and sculptural works"; special protections under the Visual Artists Rights Act; and the protection of architectural works.
This chapter examines the protection of designs under sui generis systems. It provides a brief glance at US legislation in this area (including the protection for vessel hull shapes), but devotes most of its attention to the European Union's Community Design system.
Graeme Dinwoodie is the Professor of Intellectual Property and Information Technology Law at the University of Oxford. He is also Director of the Oxford Intellectual Property Research Centre, and a Professorial Fellow of St. Peter's College. Prior to taking up the IP Chair at Oxford, Professor Dinwoodie was a Professor of Law and Director of the Program in Intellectual Property Law at the Chicago-Kent College of Law. He has also previously taught at the University of Cincinnati College of Law and University of Pennsylvania School of Law, and from 2005-2009 held a Chair in Intellectual Property Law at Queen Mary College, University of London. He teaches and writes in all aspects of intellectual property law, with an emphasis on the international and comparative aspects of the discipline. He is the author of five casebooks including TRADEMARKS AND UNFAIR COMPETITION: LAW AND POLICY (4th ed 2014) (with Janis) and INTERNATIONAL INTELLECTUAL PROPERTY LAW AND POLICY (2d ed. 2008) (with Hennessey, Perlmutter and Austin).
Professor Dinwoodie's articles have appeared in several leading law reviews. He received the 2008 Ladas Memorial Award from the International Trademark Association for his article Confusion Over Use: Contextualism in Trademark Law (with Janis). Professor Dinwoodie has served as a consultant to the World Intellectual Property Organization on matters of private international law, as an Adviser to the American Law Institute Project on Principles on Jurisdiction and Recognition of Judgments in Intellectual Property Matters, and as a Consultant to the United Nations Conference on Trade and Development on the Protection of Traditional Knowledge. He is a past Chair of the Intellectual Property Section of the Association of American Law Schools and a past President of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) (2011-2013). Professor Dinwoodie was elected to the American Law Institute in 2003, and in 2008 was awarded the Pattishall Medal for Excellence in Teaching Trademark and Trade Identity Law by the International Trademark Association.
Prior to teaching, Professor Dinwoodie had been an associate with Sullivan and Cromwell in New York. Professor Dinwoodie holds a First Class Honors LL.B. degree from the University of Glasgow, an LL.M. from Harvard Law School, and a J.S.D. from Columbia Law School. He was the Burton Fellow in residence at Columbia Law School for 1988-89, working in the field of intellectual property law, and a John F. Kennedy Scholar at Harvard Law School for 1987-88.
Jason Du Mont is the Microsoft Intellectual Property Fellow at Indiana University's Maurer School of law and a doctoral candidate at the International Max Planck Research School for Competition and Innovation (IMPRS-CI). While working towards his doctorate, he was a visiting scholar at the University of Cambridge's Centre for Intellectual Property and Information Law (CIPIL) and the New York University (NYU) School of Law. His research focuses on the discordant application of creativity standards in industrial design regimes.
Before joining the Max Planck Institute, Mr. Du Mont was the Livsafe IP Program Teaching Fellow at Chicago-Kent College of Law where he taught courses in patent litigation and helped supervise the theses of International IP LLM scholars. He is admitted to the Illinois Bar, the United States Supreme Court, and the United States Patent & Trademark Office.
Mark D. Janis is the Robert A. Lucas Chair of Law at the Indiana University Maurer School of Law (Bloomington), and he is the Director of the school's Center for Intellectual Property Research. He teaches courses in patents, trademarks, and other areas of intellectual property law. Janis has authored a number of books, including the treatise IP and Antitrust (with Hovenkamp, Lemley and Leslie), two casebooks (Trademarks and Unfair Competition: Law and Policy (4th ed.) (with Dinwoodie), and Trade Dress and Design Law (with Dinwoodie and Du Mont), Intellectual Property Law of Plants (Oxford 2014) (with Jervis and Peet), and other books on trademark law. He has published numerous law review articles and book chapters on patent law, intellectual property and antitrust, trademark law, intellectual property protection for plants, and intellectual property protection for designs.
Janis was awarded a Collegiate Teaching Award and a Faculty Scholar Award (both from the University of Iowa College of Law), and INTA's Ladas Award in 2008. At Indiana Law, he was the recipient of the Leon H. Wallace Teaching Award, the highest teaching honor given to law faculty.
Prior to joining the faculty at Indiana, Professor Janis was the H. Blair & Joan V. White Chair in Intellectual Property Law at the University of Iowa College of Law. He practiced patent law at Barnes & Thornburg (Indianapolis) from 1989 to 1995.