Scholarly Commons at Boston University School of Law
Abstract
Before beginning, let me mention that I will confine myself to a limited number of arenas. Thus, for example, I\u27m not going to discuss design patents, which will be the focus of another speaker\u27s remarks. I will also not discuss the doctrine of aesthetic functionality. My primary goal will be to compare trademark\u27s doctrine of utilitarian functionality with copyright\u27s domain of separability, and to show how for at least two circuit court opinions, the two doctrines may be converging. I hope to stimulate discussion of whether such convergence would be a good idea
