With IP scholar Mark McKenna, we discuss a body of law we at least all agree should exist: trademark. Why is it essential? What are design patents? (Christian didn’t really know. But he opposes them nonetheless.) How do and should they differ from trademarks? Should there be a much shorter but partly functional protection for innovators’ identities as innovators? We discuss the example of Apple, Samsung, Android, and dilution. This show’s links: Mark McKenna’s faculty profile and writing About the escutcheon About Joe Miller, the Alaskan politician The A.V. Club’s Podmass, featuring a write-up about our show by Dan Jakes! Mark McKenna, Trademark Year in Review Qualitex Co. v. Jacobson Prods. Co. Wal-Mart Stores v. Samara Brothers Traffix Devices v. Marketing Displays Mark McKenna, Confusion Isn’t Everything Apple v. Samsung (order denying attorneys’ fees but reviewing the substance of the trade dress claims) Sears, Roebuck and Co. v. Stiffel Company Compco Corp. v. Day-Brite Lighting, Inc. In re Webb…