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The Law of Design: Design Patent, Trademark, & Copyright, Problems, Cases, and Materials

2nd Edition
Edward Lee | Mark McKenna | David L. Schwartz
ISBN: 9798892096850
Subject: Intellectual Prop-Patent Law
Format: Print - Softbound
Page Count: 525
Copyright: 2025 | Status: Accepting Pre-Orders

Providing a comprehensive survey of design law, the casebook guides students through the most important doctrines for design patents, trademarks, copyrights, and EU design rights, in a way that is accessible and easy to understand. The casebook is intended to be taught to students of any experience level, including students with no prior knowledge of intellectual property. The new edition builds on the many strengths of the first edition but deepens the study of design law with the addition of the latest major developments in U.S. law, as well as European Union and international law.

The casebook is problem-based, an approach that students find appealing and incredibly helpful. The new edition adds to the real-world problems in the casebook for the students to answer as they study the key cases and laws in the casebook. Several exam-style questions are included in the final chapter for the students to test their knowledge of the materials.

The casebook is supported with a detailed teacher’s manual with summaries of all cases and explanations of the answers to each problem, making it easier for first-time adopters.

The new edition adds significant new cases and controversies, including:

  • The Supreme Court’s decision in Jack Daniel’s Properties, Inc. v. VIP Products
  • The Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith
  • The Federal Circuit’s en banc decision in LKQ Corp. v. GM Global Tech. Operations
  • Other circuit court cases involving other disputes over designs related to buildings, cookie sticks, furniture, sneakers, and other mass produced goods
  • Discussion of whether AI-generated works can be copyrighted in the United States and how AI generators may affect design, including a new problem for students to analyze
  • The EU’s new Design Regulation
  • WIPO’s new Design Law Treaty


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 07/07/2025
Related Subject(s): Intellectual Prop-Copyright, Intellectual Prop-Trademark

Edward Lee, Santa Clara University School of Law

Mark McKenna, University of California-L.A. School of Law

David L. Schwartz, Northwestern University School of Law

CasebookPlus™

This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:

  • A new print or digital casebook
  • Access to a downloadable eBook with the ability to highlight and add notes
  • 12-month access to a digital Learning Library complete with:
Multiple-choice self-assessment questions, including:
  • Chapter questions keyed to the casebook
  • Black Letter Law questions (available in select subjects)
  • Subject area review questions for end of semester use
Essay and short answer questions with sample answers and expert commentary, in 1L and select upper-level subjects

Leading digital study aids, an outline starter, and audio lectures in select subjects

Students can still utilize CasebookPlus digital resources if they’ve purchased a used book or are renting their text by purchasing the Learning Library at westacademic.com.

With CasebookPlus, you can customize your students’ learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students’ understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards.

The new edition adds significant new cases and controversies, including:

  • The Supreme Court’s decision in Jack Daniel’s Properties, Inc. v. VIP Products
  • The Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith
  • The Federal Circuit’s en banc decision in LKQ Corp. v. GM Global Tech. Operations
  • Other circuit court cases involving other disputes over designs related to buildings, cookie sticks, furniture, sneakers, and other mass produced goods
  • Discussion of whether AI-generated works can be copyrighted in the United States and how AI generators may affect design, including a new problem for students to analyze
  • The EU’s new Design Regulation
  • WIPO’s new Design Law Treaty

Learn more about this series.