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Expert Analysis

TM Case At The Intersection Of Antitrust And Design Law

By Rick Sanders ( 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....

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