3D Printing and Beyond
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3D Printing and Beyond

Intellectual Property and Regulation

Edited by Dinusha Mendis, Mark Lemley and Matthew Rimmer

This ground-breaking and timely contribution is the first and most comprehensive edited collection to address the implications for Intellectual Property (IP) law in the context of 3D Printing and Additive Manufacturing. Providing a coverage of IP law in three main jurisdictions including the UK, USA and Australia. 3D Printing and Beyond brings together a team of distinguished IP experts and is an indispensable starting point for researchers with an interest in IP, emerging technologies and 3D printing.
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Chapter 9: How 3D printing disrupts trade dress protection and resurrects the need for source and quality assurance

Deven Desai

Abstract

Trademark law faces at least two effects from 3D printing. The technology promises to reduce cost barriers and thus disrupt trade dress protection. Yet the same technology may increase the importance of trademarks’ source function. 3D printing and related technologies such as digital scanning enable almost anyone to copy and produce something, such as the shape of a bottle or a doll, that may also have trade dress protection. Maintaining exclusivity for such protection is difficult, if not impossible. 3D printing thus resurrects the problems of when firms produce essentially the same goods. When consumers face many sources for arguably the same good, the claim that a good, parts, or a digital file comes from a particular source and has quality increases in importance. As such this chapter explains how 3D printing simultaneously challenges trade dress protection and resurrects trademark protection as an indication of source and quality.

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