Oral Argument

Episode 71: Rolex Tube Socks

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With IP scholar Mark McKenna, we discuss a body of law we at least all agree should exist: trademark. Why is it essential? What are design patents? (Christian didn’t really know. But he opposes them nonetheless.) How do and should they differ from trademarks? Should there be a much shorter but partly functional protection for innovators’ identities as innovators? We discuss the example of Apple, Samsung, Android, and dilution.

This show’s links:

  • Mark McKenna’s faculty profile and writing
  • About the escutcheon
  • About Joe Miller, the Alaskan politician
  • The A.V. Club’s Podmass, featuring a write-up about our show by Dan Jakes!
  • Mark McKenna, Trademark Year in Review
  • Qualitex Co. v. Jacobson Prods. Co.
  • Wal-Mart Stores v. Samara Brothers
  • Traffix Devices v. Marketing Displays
  • Mark McKenna, Confusion Isn’t Everything
  • Apple v. Samsung (order denying attorneys’ fees but reviewing the substance of the trade dress claims)
  • Sears, Roebuck and Co. v. Stiffel Company
  • Compco Corp. v. Day-Brite Lighting, Inc.
  • In re Webb (reversing a ruling that a prosthesis, unobservable once implanted, could not be the subject of a design patent)
  • Christopher Jobson, Welcome to Dismaland: A First Look at Banksy’s New Art Exhibition Housed Inside a Dystopian Theme Park
  • Mark McKenna and Katherine Strandburg, Progress and Competition in Design
  • Steve Jobs’ slide containing smartphones as they existed at the moment (source article)

    • Special Guest: Mark McKenna.

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    Oral ArgumentBy Joe Miller and Christian Turner
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