Functionality in Trade Dress Prosecution and Litigation: Protecting the Look and Feel of Products and Packaging
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to IP counsel on protecting trade dress and overcoming the challenges and limitations related to functionality. The panel will examine functionality in both applications and litigation and discuss how functionality is addressed in USPTO registration and federal court decisions.
- Functionality in trade dress law
- In trade dress applications
- In litigation
- Recent court treatment
- Best practices for protecting trade dress
The panel will review these and other key issues:
- What are the lessons from recent decisions regarding functionality in trade dress applications?
- What steps can counsel take to overcome the hurdle of proving functionality to obtain trade dress protection?
- How is the USPTO treating the issues of functionality in the context of trade dress?
Theodore H. Davis, Jr.
Kilpatrick Townsend & Stockton
Mr. Davis's practice focuses on domestic and international litigation and client counseling in the fields of... | Read More
Mr. Davis's practice focuses on domestic and international litigation and client counseling in the fields of trademark, copyright, false advertising, and unfair competition law. He has particular experience in trade dress disputes and with large-scale trademark clearance and registration projects. He has served on the Board of Directors of the International Trademark Association.Close
Darius C. Gambino
DLA Piper LLP (US)
Mr. Gambino has extensive domestic and international IP law experience. His practice primarily focuses on patent,... | Read More
Mr. Gambino has extensive domestic and international IP law experience. His practice primarily focuses on patent, trademark, and copyright matters with emphasis on patent prosecution and litigation, trademark registration and enforcement, copyright registration and enforcement, trade secrets, licensing, opinions and due diligence investigations. He has also published widely on numerous IP topics.Close