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 guide IP counsel on identifying and overcoming challenges related to the distinction between nonfunctionality and functionality. The panel will examine judicial treatment of that distinction in the registration and litigation contexts.
Outline
- Functionality in trade dress law
- In trade dress applications
- In litigation
- Recent court treatment
- Best practices for protecting trade dress
Benefits
The panel will review these and other key issues:
- What are the lessons from recent decisions finding claimed trade dresses either nonfunctional or functional?
- What steps can counsel take to increase their chances of proving nonfunctionality to obtain trade dress protection?
- How does the USPTO address the functionality inquiry?
Faculty
Theodore H. Davis, Jr.
Partner
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.
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Roberta Jacobs-Meadway
Atty
Ms. Jacobs-Meadway has more than 40 years of experience representing clients in a wide range of industries in... | Read More
Ms. Jacobs-Meadway has more than 40 years of experience representing clients in a wide range of industries in connection with trademark, copyright, and unfair competition matters. Her practice includes litigating IP disputes in the federal courts and trademark opposition and cancellation proceedings before the TTAB. She has significant experience in connection with the licensing of IP and counseling with respect to trademark and copyright issues.
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Janet A. Marvel
Partner
Pattishall McAuliffe Newbury Hilliard & Geraldson
Ms. Marvel protects brands, copyrighted works and domain names throughout the world. As part of her practice, Ms.... | Read More
Ms. Marvel protects brands, copyrighted works and domain names throughout the world. As part of her practice, Ms. Marvel represents plaintiffs and defendants in a wide variety of disputes involving trademark, copyright, rights of publicity, breach of contract, unfair competition, and false advertising. She has successfully tried cases and litigated around the country, in state and federal courts and before the USPTO.
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