Redesigning design protection: the problem of overlap

Design protection raises question of patent, copyright, and trademark law, particularly in the United States which lacks a sui generis regime for design rights. This Chapter explores this overlap and examines the question of whether companies pursue multiple, overlapping protection for design. An empirical study of copyright, patent, and trademark registrations suggests that companies tend to choose among copyright, patent, and trademark as a basis for design rights. The Chapter concludes with explanations for why companies are selecting among regimes rather than adopting overlapping and multiple protection.