widely extended by vast expenditures in advertising persistently made. But that is not unfair. Sharing in the goodwill of an article unprotected by patent or trade-mark is the exercise of a right possessed by all—and in the free exercise of which the consuming public is deeply interested. One commentator maintained that one could properly— ... view Kellogg as vindication of the views that he [Brandeis] expressed in INS. That Nabisco had invested in the shredded wheat product did not give it control over the use of the pillow shape (or the term SHREDDED WHEAT); it had no property right against misappropriation of the shape after the expiry of the patents. Instead, Brandeis inquired [only] whether Kellogg had engaged in any acts of misrepresentation. Sears and Compco cases The 1964 decisions of the Supreme Court in Sears v. Stiffel and Compco v. Day-Brite undermined the application of the INS doctrine to prohibit or penalize the copying of product designs, to the point where the First Circuit said in 1967 that INS "has clearly been overruled." Those cases held that federal patent law preempts state laws that duplicate the patent laws or disturb the balance that patent law sets between competition and monopoly protection for inventions; as one commentator explained: The implement selected by the Court to vindicate the competition–monopoly balance may be characterized as a per se rule. Any state law which operates to jar the balance, however incidentally, is, per se, an illegitimate impediment and to be condemned. In the view of Mr. Justice Black, writing for the majority, just "as a State cannot encroach upon the federal patent laws directly, it cannot, under some other law . . . give protection of a kind that clashes with the objectives of the federal patent laws." . . . Though International News Service has never been expressly overruled, the Court was, in Sears and Compco, apparently rejecting its approach. Accordingly, such INS-based decisions as the Notre Dame ring case, the Flint mustard seed case, Haeger Potteries, Inc. v. Gilner Potteries, in which the court held that copying an ash-tray design "in precise detail as to design, shape and color, and in every other respect than quality, is nothing less than piracy," and Dior v. Milton, in which the court held that there was no good reason "why the rights of the plaintiff [in a dress design] should receive less protection than