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


Conducted on Wednesday, December 14, 2016
Recorded event now available


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.

Description

Trade dress—the look and feel of a product or its packaging that identifies the source of the product to consumers—is protected under trademark law. However, if a feature is found to be functional, then that feature is not protected by trademark law. Companies look to trademark law to protect their product designs and packaging and IP counsel must overcome the challenge of functionality before IP protection is available.

IP counsel must understand the requirements for trade dress protection and how functionality is treated in the context of USPTO registration decisions and federal court decisions. Counsel seeking to protect trade dress, product packaging and product configuration must also recognize how the doctrine of functionality limits which product features can be trademarked.

Listen as our authoritative panel examines functionality in trade dress law. The panel will discuss recent court treatment and how it has shaped the doctrine of functionality. The panel will examine functionality in the context of the trade dress applications as well as in litigation and will offer strategies to optimize trade dress protection.

Outline

  1. Functionality in trade dress law
    1. In trade dress applications
    2. In litigation
  2. Recent court treatment
  3. Best practices for protecting trade dress

Benefits

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?

Faculty

Theodore H. Davis, Jr., Partner
Kilpatrick Townsend & Stockton, Atlanta

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.

Darius C. Gambino, Partner
DLA Piper LLP (US), Philadelphia

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.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

How does this work?


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

I really enjoyed Strafford's program on this challenging and complex topic.

Ken J. Pedersen

Pedersen & Company

The analyses of the various cases brought the subject matter together in a coherent manner.

Michael Minter

Miles & Stockbridge

The speakers stayed on point and covered the topic thoroughly.

Daiva Tautvydas

I liked that Strafford's webinar was not too long - 1 1/2 hours is a good compromise.

James Dawson

Koppel, Patrick, Heybl & Dawson

I thought the seminar was at exactly the right level.

Michelle K. Holoubek

Sterne, Kessler, Goldstein & Fox

or call 1-800-926-7926

Intellectual Property Law Advisory Board

Stephen R. Baird

Shareholder

Winthrop & Weinstine

Charles S. Baker

Partner

Fulbright & Jaworski

David S. Bloch

Partner

Winston & Strawn

Ian N. Feinberg

Partner

Feinberg Day Alberti & Thompson

Bassam N. Ibrahim

Shareholder

Buchanan Ingersoll & Rooney

Mark P. Wine

Partner

Orrick

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.