Leveraging Fluid Trademarks

Best Practices for Creating and Using Fluid Marks to Enhance Brands Without Compromising IP Rights

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Tuesday, May 21, 2013

Recorded event now available

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Course Materials

This CLE course will provide guidance to IP counsel on the challenges involved in using and protecting fluid trademarks. The panel will offer approaches to avoid weakening of the trademark when using fluid marks intended to enhance the brand.


To gain a competitive edge, some companies now use non-static trademarks to identify a product or service. With the recognition and success of non-traditional marks for sound, scent and color, brand owners are altering their marks to include movement and modifications.

For example, think of Google using Irish dancers for St. Patrick's Day or Perrier modifying its name on its bottles to "crazier" or "luckier." Businesses seek to keep brands fresh and connect with and broaden their audience. However, there are legal risks involved when embarking on mark mutation.

Counsel must tread carefully with fluid marks in order to minimize the risk of dilution or cancellation of the mark. An understanding of how the mark can be changed without compromising the IP rights is critical to maximizing marketing value.

Listen as our authoritative panel of trademark practitioners discusses the challenges involved in using fluid marks, strategies for protecting the marks and enhancing the brand, and offers best practices for avoiding harming the existing marks.



  1. Protection of fluid marks
  2. Challenges of fluid marks
  3. Brand enhancement with fluid marks
  4. Best practices to avoid harming existing trademark rights and establish new ones


The panel will review these and other key questions:

  • What are the key legal risks involved in using fluid trademarks?
  • What are the potential challenges facing brand owners if they use fluid marks—and the solutions?
  • What steps should be taken to avoid weakening a trademark when using fluid marks?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Litowitz, Robert
Robert D. Litowitz

Kelly IP

Mr. Litowitz has over 30 years of experience in litigating patents, trademarks, and other intellectual property...  |  Read More

Nels Lippert
Nels Lippert

Wilmer Cutler Pickering Hale and Dorr

His practice concentrates in trademark and patent counseling and litigation. He administers trademarks and...  |  Read More

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