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Dunstan Barnes


McAndrews, Held & Malloy, Ltd

Dunstan H. Barnes is a Partner at McAndrews and practices in all areas of intellectual property law with emphasis on protecting and analyzing design rights. His work in that area includes drafting and prosecuting design patent applications and conducting opinion work and due diligence investigations. In addition, Dunstan has considerable experience drafting and prosecuting utility patent applications and trademark applications across a range of technological fields and industries.

As a practitioner, Dunstan is an effective communicator and an outstanding writer. He is particularly skilled at communicating complex, abstract technical concepts clearly and compellingly. He is a skilled intellectual property advocate and adviser who helps his clients protect their innovations, particularly new designs, in U.S. and global marketplaces. He helps his clients acquire and protect their IP rights, as well as navigate the world of existing rights. In 2021, Dunstan was honored as a 40 Under Forty attorney in Illinois. In recommending him for the honor, a senior IP counsel at a major international pharmaceutical company said of Dunstan, “I consider him to be one of the top 10 design patent attorneys in the United States, period.”

Dunstan is the current Chair of the American Bar Association (ABA) Design Rights Committee and Vice Chair of the American Intellectual Property Law Association (AIPLA) Industrial Designs Committee. He has been an invited speaker at conferences including AIPPI World Congress, AIPLA Annual Meeting, ABA-IPL Spring Meeting, and USPTO Design Day.

Recent Articles by Dunstan Barnes

‘Nothing Compares 2 U’: SCOTUS to Determine What’s Fair in Warhol v. Goldsmith

While Prince might have written the song “Nothing Compares 2 U,” Sinéad O’Connor transformed the tune, made it her own and it became a mega hit. In a similar vein, photographer Lynn Goldsmith took a photograph of Prince in 1981 that artist Andy Warhol used as a basis for his 1984 “Prince Series” silkscreen prints. Did Warhol infringe Goldsmith’s copyright by using her photograph as the basis for his prints or was his work sufficiently transformative to be protected as “fair use”? That is the question at the heart of the case that the United States Supreme Court will hear in its fall 2022 term. This case may prove to be the most significant Supreme Court fair use case to date.