Of mutant copyrights, mangled trademarks, and Barbie’s beneficence: the influence of copyright on trademark law

In Dastar Corp v Twentieth Century Fox Film Corp., Justice Scalia colorfully warned against resort to trademark laws to achieve protections unattainable by copyright, lest these claims generate " a species of mutant copyright law that linits the public's 'federal right to "copy and to use,"' expired copyrights."