1. Under what circumstances is copying of products and services legally permitted?
2. What is the relationship between utility patents, trade dress protection, and functionality?
3. Procedurally, what will happen next in this case? 220 The Law of Marketing

KENNEDY, J., delivered the opinion for a unanimous Court.
Temporary road signs with warnings like “Road Work Ahead” or “Left Shoulder Closed” must withstand strong gusts of wind. An inventor named Robert Sarkisian obtained two utility patents for a mechanism built upon two springs (the dual-spring design) to keep these and other outdoor signs upright despite adverse wind conditions. The holder of the now-expired Sarkisian patents, respondent Marketing Displays, Inc. (MDI), established a successful business in the manufacture and sale of sign stands incorporating the patented feature. MDI’s stands for road signs were recognizable to buyers and users (it says) because the dual-spring design was visible near the base of the sign.