The Luxury Economy and Intellectual Property

Haochen Sun is Assistant Professor of Law at the University of Hong Kong. His scholarship draws on social, cultural, and political thought to explore the theoretical foundations of intellectual property and property law. Recently, Professor Sun won a research grant from the Hong Kong Research Grants Council to study the role of intellectual property in promoting the luxury industry. Barton Beebe is Professor of Law at New York University School of Law. He specializes in the doctrinal, empirical, and cultural analysis of intellectual property law. He was Anne Urowsky Visiting Professor of Law at Yale Law School and Visiting Professor of Law at Stanford Law School. His recently published work includes Intellectual Property Law and the Sumptuary Code, (123 Harvard Law Review 809) (2010), and Fair Use and Legal Futurism, (24 Law & Literature) (2012). Madhavi Sunder is a Professor of Law at the University of California, Davis, School of Law. Her work traverses numerous legal fields, from intellectual property to human rights law and the First Amendment. She has been a Visiting Professor of Law at the Yale Law School, the University of Chicago Law School, and Cornell Law School. She was named a Carnegie Scholar in 2006. She authored From Goods to a Good Life: Intellectual Property and Global Justice (2012).

Contributors ; I. Introduction ; 1. The Luxury Economy and Intellectual Property: An Overview ; II. The Concept of Luxury ; 2. Luxury and Its Opposites: A Critical Fashion Studies Perspective ; Susan B. Kaiser, Davis Joseph H. Hancock II, and Sara T. Bernstein ; 3. Stolen Valor and Stolen Luxury: Free Speech and Exclusivity ; Rebecca Tushnet ; 4. The Story of Luxury Products And The (Broken) Promise of Superior Quality In A ; World of Prestige For The Masses ; Irene Calboli ; III. The Social Life of Luxury Brands ; 5. Parody as Brand ; Stacey L. Dogan and Mark A. Lemley ; 6. Brands R Us ; Mario Biagioli, Anupam Chander, and Madhavi Sunder ; 7. The Scholarship of Envy: How the Framing of Fashion Leaves a Legal Lacuna ; Susan Scafidi ; 8. The Gender of Trademarks and Luxury Branding ; Ann Bartow ; IV. Law for the 1%? Concerns from Distributive Justice ; 9. Upstairs/Downstairs, Fashionwise: A View of Design Protection from Lower Down the Food Chain ; Diane Leenheer Zimmerman ; 10. The Economics of Demand for Counterfeiting ; Yi Qian ; 11. Shanzhai, Sumptuary Law, and Intellectual Property Law in Contemporary China ; Barton Beebe ; 12. The Ethical Responsibilities of Luxury Companies and Consumers ; Haochen Sun ; V. The Globalization of Luxury Brands ; 13. How Can Brands Flourish in the Knockoff Kingdom? What China Tells Us About the Bad - And Good - Effects of Luxury Goods Counterfeiting ; Kal Raustiala and Christopher Sprigman ; 14. The Asian Perspective on Intellectual Property and Luxury Goods ; David Llewelyn ; 15. Cosmopolitanism and the Transnational Trademark ; Sonia Katyal ; Index