Color Marks and Brand Strategy: Proving Distinctiveness, Demonstrating Mark is Not Functional
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course 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.
Outline
- Recent court and TTAB treatment of color marks
- Federal courts
- TTAB
- Proving distinctiveness
- Evidentiary requirements
- Demonstrating color is not functional
- 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
Robert D. Litowitz
Partner
Kelly IP
Mr. Litowitz has over 30 years of experience in litigating patents, trademarks, and other intellectual property... | Read More
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.
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Hani Gazal
Attorney
Kelly IP
Mr. Gazal focuses his practice on trademark and copyright counseling, prosecution, enforcement, and litigation. Prior... | Read More
Mr. Gazal focuses his practice on trademark and copyright counseling, prosecution, enforcement, and litigation. Prior to joining Kelly IP, he gained extensive experience in IP matters as an intern in NPR’s Office of General Counsel, as a law clerk for the Alliance of Artists and Recording Companies, and as a law clerk for an IP litigation firm in D.C.
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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
Ms. Parker focuses her practice on trademark litigation before the federal courts and the Trademark Trial and Appeal Board. Following law school, she gained several years of litigation experience as a judicial law clerk for a Utah Supreme Court Justice, a federal district court judge at the District of Utah, and a federal district court magistrate judge at the Western District of Washington.
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