Intellectual property lawyers have a unique understanding of Proposition 8. If the hetero Proposition 8 supporters (referred to herein as “H8ers”) concede that domestic partners have the same civil rights as married partners, why do they spend millions of dollars to prevent the domestic partners from calling themselves “married?”

It all became clear when I donned my IP hat. I have a Dell computer. I could — if I had the money and brains — manufacture a small black laptop with all of the same internal wiring, the same processors, the same keypad, the same screen, etc., as a Dell. What I could not do is call it a Dell computer. I could chop down a tree, lathe and burnish the wood into a bat that any performance-enhanced San Francisco Giant could use, but I could not call it a Louisville Slugger.

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