For many product-focused companies, design often is the product. Differentiation lives in surface ornamentation, overall look-and-feel, and visual details that drive purchasing decisions often long before utility is evaluated. Against that backdrop, many brands are reexamining copyright law as a faster, more flexible tool for protecting product aesthetics.Continue Reading The Growing Role of Copyright in Product Design Protection
On August 8, 2025, Baylor University filed a federal lawsuit against Boston University alleging trademark infringement and unfair competition over Boston University’s use of an interlocking BU design.Continue Reading Universities Battle Over Logos in Recently Filed Trademark Lawsuit
“Aber ist es Kunst?”
That question—“But is it art?”—was before the German Bundesgerichtshof (“BGH”), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design. Birkenstock Group (“Birkenstock”) had sought relief against three rival sandal makers, asserting that the defendants’ products infringed Birkenstock’s copyright on its sandal design. Exemplary designs at issue are shown below.Continue Reading German Birkenstock Decision Shows the Limits of Copyright Protection for Functional Designs