TM Case At The Intersection Of Antitrust And Design Law

Law360 (August 16, 2019, 2:17 PM EDT) -- The antitrust case Tricon Precast Ltd. v. Easi-Set Industries Inc.[1] might look like a garden-variety trademark dispute between competitors. It involves a product that one sees most days but does not think much about: traffic barriers. But it is much, much more than that. It stands at the intersection of design law, antitrust law and the First Amendment. It is wonderful in its ugliness: ugly design, uglier law and an even uglier legal brawl between bitter competitors.

Unlike many European countries, the United States has no unified system of laws protecting industrial design. Instead, to protect an industrial design, one must...

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