YOU MIGHT THINK that a fight over smartphones has nothing in common with a spat over stilettos. But in fact, both are about a critical frontier in copying and competition: using design to gain control over function – and thereby gain control over markets.

The two disputes about copying that have dominated the business headlines over the last month are Apple v. Samsung, where Apple accused Samsung of copying the design of its iPhone and iPad; and Christian Louboutin v. Yves Saint Laurent, where Louboutin accused YSL of copying its signature red soles. While some measure of protection for new design features is justified, these cases illustrate the perils of letting our concern over copying override the need for competition.

 
Citation
Christopher Sprigman, What Apple and Red Shoes Have in Common: Using Broad Design to Block Competition, Wired (September 10, 2012).