Trade Dress, Design Patent, and Copyright: Strategies to Maximize Protection, Challenge and Defeat Infringement

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Trademark and Copyright
- event Date
Thursday, November 12, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide IP counsel on maximizing the protection of product design and packaging by using trade dress, trademark, patent, and copyright law. The panel will discuss the advantages and mechanics of design patent protection and trade dress protection.
Faculty

Mr. Litowitz has over 30 years of experience in litigating patents, trademarks, and other intellectual property rights before U.S. district courts, the ITC, and the TTAB. He has extensive experience leading and managing a range of litigations on such diverse subjects as pharmaceuticals, healthcare products, designs, product configurations, words, symbols, golf courses, and books.

Ms. Wilkes is a trial lawyer whose practice is focused on brand protection and enforcement. She has led high-stakes trademark, trade dress, trade secret, false advertising, unfair competition, and design patent litigation for global brands in federal and state courts throughout the U.S. Ms. Wilkes also counsels clients on brand selection and clearance strategies worldwide from searching to filing to enforcement. She is a frequent speaker on brand issues and is Co-Leader of the firm's global Trademarks, Unfair Competition & Copyrights Group.

Ms. Jacobs-Meadway recently retired from BakerHostetler after 45 years as a trademark and copyright attorney to focus on her work as a member of the Board of SeniorLAW Center. She continues to write and speak on a wide range of IP topics. Ms. Jacobs-Meadway has in the course of her career represented such diverse clients as Lacoste Alligator, Biogen, Sexy Hair Concepts, Coca Cola and Spencer Gifts and has litigated cases for such diverse clients as Tyco, Chick-fil-A, Pharmacia & Upjohn, Pet Valu and Checkpoint Systems. She has served as an expert witness on such topics as survey evidence and opposition practice.
Description
Trade dress and design patent issues are at the forefront of intellectual property disputes. Counsel to some of the world's most successful brands are increasingly using trademark and design patent law to protect unique features of product design and packaging.
Recent court cases underscore the need for counsel to guide product owners in identifying distinctive aspects of the design for protection under trademark law and novel features to protect under design patent law.
Product design can be a business' most valuable asset, so developing a company's enforcement strategy is critical. Counsel must consider how to leverage trademark, copyright, and design patent law to protect and prevent a design from infringement. Defense counsel must prepare with practical strategies to refute such claims.
Listen as our authoritative panel of IP attorneys examines the advantages and mechanics of design patent protection and trade dress protection. The panel will review how design patent protection can coexist with trade dress protection and how copyright protection can shield products from infringement.
Outline
- Advantages and mechanics of design patent protection
- Advantages and mechanics of trade dress protection
- How design patent protection can coexist with trade dress protection
- How copyright protection comes into play
Benefits
The panel will review these and other critical issues:
- What advantages does design patent have over trade dress protection in protecting against infringement?
- What role do trademark and copyright law play in protecting product and packaging designs?
- What are successful tactics for counsel to protect product and packaging designs?
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