Developing and Protecting Trade Dress: Leveraging Trademark Law to Protect the Look and Feel of Product Design

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


Conducted on Tuesday, August 4, 2015

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to IP counsel on the development of protectable trade dress. The panel will examine the requirements for trade dress protection and will also review recent cases and discuss enforcement of trade dress.

Description

The Coca-Cola bottle is perhaps the most famous example of trade dress. Other examples include McDonald’s golden arches, the Goldfish cracker, the Maker’s Mark bottle with its melted wax, and the interior design of Apple stores. In Oct. 2014, a California federal court ruled that the “look and feel” of a commercial website may be protectable as trade dress.

Trade dress protection extends to the design and configuration of products. In order to protect a product’s trade dress, counsel must understand the requirements for protection and how to maintain trade dress rights once granted.

Once trade dress has been developed, companies and their counsel should have a strategy for protecting and enforcing trade dress to minimize the risk of infringement.

Listen as our authoritative panel of IP attorneys examines the requirements for trade dress protection and the common forms of trade dress. The panel will also review recent cases and discuss enforcement of trade dress. The panel will offer guidance on developing protectable trade dress.

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Outline

  1. Requirements for trade dress protection
  2. Common forms of trade dress
  3. Recent cases
  4. Enforcement of trade dress
  5. Guidance on developing protectable trade dress

Benefits

The panel will review these and other key questions:

  • How can counsel leverage trademark law to protect the look and feel of a product design, product packaging or website?
  • What must counsel demonstrate to obtain trade dress protection?
  • What are the key tactics for counsel in protecting product and packaging designs?

Faculty

Carani, Christopher
Christopher V. Carani

Shareholder
McAndrews Held & Malloy

Mr. Carani is nationally recognized in the field of design law, regarding the protection and enforcement of product...  |  Read More

Tamara A. Miller
Tamara A. Miller

Partner
Leydig Voit & Mayer

Ms. Miller focuses her IP law practice in the areas of trademarks, trade dress, copyrights, false and comparative...  |  Read More

Charles T.J. Weigell
Charles T.J. Weigell

Partner
Fross Zelnick Lehrman & Zissu

Mr. Weigell has been practicing IP law for the past 25 years and specializes in the clearance, prosecution and...  |  Read More

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