Much of the uncertainty in product simulation law rests on two broad policy issues inadequately addressed by the courts: Is product simulation law advanced by statutory and judicial uncertainty? Is the public interest in competition advanced by freedom to copy or is it advanced by protection of an investor's interest in his creation? The second issue follows directly from the first because the state of simulation law has been influenced directly by each individual court's view of competition. This Comment reviews the broad issues of competition and decisional certainty and traces their evolvement into the doctrine of unfair competition as applied to product simulation cases. A recent eighth circuit product simulation case and the district court's unreported decision are reviewed in light of these issues of product simulation law.
Product Simulation in the Eighth Circuit,
57 Neb. L. Rev. 91
Available at: http://digitalcommons.unl.edu/nlr/vol57/iss1/6