Color Marks and Brand Strategy: Proving Distinctiveness, Demonstrating Mark is Not Functional

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Tuesday, July 28, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide IP counsel on protecting color marks. The panel will examine recent court and Trademark Trial and Appeal Board (TTAB) decisions regarding color marks. The panel will also discuss the evidentiary requirements for proving distinctiveness, outline how to show that color is not functional, and offer best practices for protecting color marks.

Description

In a precedential opinion, the Federal Circuit recently held color marks can be inherently distinctive when used on product packaging even when the color mark is not defined by a peripheral shape or border [In re Forney Industries Inc. (Fed. Cir. 2020)]. The decision opens the door for brand owners to enhance protections for their marketing composed of color.

One of the challenges facing IP counsel is proving that the color mark is not functional and also that it is distinctive. The court's holding that a color motif can be inherently distinctive when used on product packaging may ease the burden, but it remains a hurdle to getting trademark protection.

Listen as our authoritative panel of IP attorneys examines color marks and how the courts and TTAB have treated color marks. The panel will also discuss the evidentiary requirements for proving distinctiveness, as well as the requirement for showing that color is not functional. The panel will offer best practices for protecting color marks.

READ MORE

Outline

  1. Recent court and TTAB treatment of color marks
    1. Federal courts
    2. TTAB
  2. Proving distinctiveness
    1. Evidentiary requirements
  3. Demonstrating color is not functional
  4. Best practices for protecting color marks

Benefits

The panel will review these and other vital questions:

  • What unique challenges arise with color marks?
  • What approaches should counsel consider to register a color mark successfully?
  • What steps can counsel take to provide distinctiveness of a color mark?

Faculty

Litowitz, Robert
Robert D. Litowitz

Partner
Kelly IP

Mr. Litowitz has over 30 years of experience in litigating patents, trademarks, and other intellectual property...  |  Read More

Gazal, Hani
Hani Gazal

Attorney
Kelly IP

Mr. Gazal focuses his practice on trademark and copyright counseling, prosecution, enforcement, and litigation. Prior...  |  Read More

Parker, Sara
Sara Copeland Parker

Attorney
Kelly IP

Ms. Parker focuses her practice on trademark litigation before the federal courts and the Trademark Trial and Appeal...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$347

Download

$347