Developing and Protecting Trade Dress: Leveraging Trademark Law to Protect the Look and Feel of Product Design
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course 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.
Outline
- Requirements for trade dress protection
- Common forms of trade dress
- Recent cases
- Enforcement of trade dress
- 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
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
Mr. Carani is nationally recognized in the field of design law, regarding the protection and enforcement of product design through the use of design patents, trade dress and copyrights. A registered attorney before the USPTO, Mr. Carani’s secures the full panoply of Design IP rights for some of the world’s most design-centric companies and designers, securing over 2000 design rights, both in the U.S and in over 70 countries around the world. Mr. Carani has successfully litigated numerous disputes regarding design rights and has also served as a consultant and expert witness in numerous design law cases. He represented the AIPLA in the landmark design patent case Egyptian Goddess v. Swisa, where the positions set forth in his amicus briefs were ultimately adopted by the Federal Circuit thereby reshaping the law on design patents.
CloseTamara 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
Ms. Miller focuses her IP law practice in the areas of trademarks, trade dress, copyrights, false and comparative advertising, Internet law, trade secrets, trademark and copyright licensing, and trademark acquisitions. In particular, Ms. Miller has significant experience in trade dress matters, from litigation involving packaging and product configuration marks to prosecution of colors, product labels, bottles, and containers with the U.S. Trademark Office. She particularly enjoys counseling clients about proactive steps they can take to maximize and protect trade dress rights.
CloseCharles 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
Mr. Weigell has been practicing IP law for the past 25 years and specializes in the clearance, prosecution and protection of trademarks and design patents. He has considerable experience with various cutting edge legal issues involving overlapping IP protections relating to trademarks, trade dress and designs, including issues involving three-dimensional marks, functionality, and interface between design and utility patent protections. Mr. Weigell is Chair of the New York State Bar IP Law Section.
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