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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Thursday, November 18, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide IP counsel on protecting product designs and packaging. The panel will review current case law and discuss the unique challenges of packaging and product design protection and the options available to overcome them. The panel will provide practical guidance for leveraging the options available and protecting the appearance of products and packaging.

Faculty

Perry Saidman
Of Counsel
Saidman Design Law Group

Mr. Saidman is a pioneer in the field of design law, successfully representing clients in groundbreaking cases that have established the enforceability of design patents in court, cases such as Avia Group Int’l. v. LA Gear where the U.S. Court of Appeals for the Federal Circuit affirmed a summary judgment holding that two design patents on tennis shoes were valid and willfully infringed, entitling the design patent owner to increased damages and attorney fees. During his career Mr. Saidman has prepared, prosecuted and supervised thousands of U.S. design patents.  He also has substantial experience in enforcement, having been involved in numerous design patent litigations both as counsel and as an expert witness. He has also penned many amicus curiae briefs in major cases before the Federal Circuit and Supreme Court.

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Christopher V. Carani
Shareholder
Mcandrews, Held & Malloy Ltd

Mr. Carani is nationally recognized in the field of design law, regarding the protection and enforcement of aesthetic design through the use of design patents, copyrights and trade dress. A registered attorney before the USPTO, Mr. Carani secures and enforces design rights for some of the world’s most design-centric companies and designers. He has litigated design right cases in subject matter areas ranging from footwear and apparel to medical devices and furniture. In 2016, IAM Magazine included Mr. Carani in its IAM 1000 referring to him as one of the U.S.’s “pre-eminent design law experts.” He is currently the Chair of the AIPPI Design Rights Committee and former Chair of both the ABA’s Design Rights Committee and AIPLA Committee on Industrial Designs. Mr. Carani is the Editor-in-Chief of the forthcoming book entitled “Design Rights: Functionality and Scope of Protection.” The book will be published in October of 2017 by publisher Walters Klowers N.V. 

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Description

Product design and packaging are an essential part of a company's operations. The distinctive look and feel of a product, its packaging, or the appearance of a retail establishment associated with a particular service identify the source of that product or service to consumers. As a result, companies must protect the design and packaging of those products.

Copyright law, trade dress law, and design patent law can be used to protect the look of a product in the U.S. Copyright law protects the expression of an idea but does not protect functional elements. Design patent can protect the design, but it must be novel and non-obvious and approved by the USPTO. Also, design patent protection is for 15 years. Trade dress may offer the most powerful tool, but the design must be distinctive, such that consumers would only associate it with that one source or company. The trade dress also has to pass the high bar of being non-functional.

IP counsel must weigh the pros and cons of the various options to protect product design and packaging by determining the best avenue to take.

Listen as our authoritative panel of IP attorneys discusses the unique challenges of packaging and product design protection and the options available to overcome them. The panel will discuss when to consider the various options available to protect product designs and packaging. The panel will provide practical guidance for leveraging the options available and protecting the appearance of products and packaging.

Outline

  1. Unique challenges posed by packaging and product design protection
  2. Options to overcome those challenges
    1. Trade dress
    2. Design patent
    3. Copyright
  3. Best practices for leveraging the various options and protecting appearances of both products and packaging

Benefits

The panel will review these and other key issues:

  • What are the unique challenges that product design and packaging present?
  • What are the lessons from recent decisions about protecting product design and packaging?
  • What steps can counsel take to increase their chances of obtaining IP protection for product design and packaging?