Functionality in Trade Dress Prosecution and Litigation: Protecting the Look and Feel of Products and Packaging

A live 90-minute CLE webinar with interactive Q&A

Wednesday, January 9, 2019

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, December 14, 2018

or call 1-800-926-7926

This CLE webinar will guide IP counsel on identifying and overcoming challenges related to the distinction between nonfunctionality and functionality. The panel will examine court treatment of that distinction in the registration and litigation contexts.


Trademark law protects trade dress—the nonfunctional and distinctive look and feel of a product, the packaging of that product, or the appearance of a retail establishment associated with a particular service that identifies the source of that product or service to consumers.

IP counsel must understand the requirements for trade dress protection and how Trademark Trial and Appeal Board and federal court decisions treat the prerequisite of nonfunctionality in particular.

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



  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


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?


Davis, Theodore
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

Jacobs-Meadway, Roberta
Roberta Jacobs-Meadway

Of Counsel
Baker & Hostetler

Ms. Jacobs-Meadway has more than 40 years of experience representing clients in a wide range of industries in...  |  Read More

Marvel, Janet
Janet A. Marvel

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

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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48 hours after event



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