Product Trade Dress After Converse: Secondary Meaning and Infringement Redefined
Meeting the Court's New Test for Secondary Meaning, Timing of Infringement, Demonstrating Likelihood of Confusion
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide IP counsel on protecting product trade dress after the Federal Circuit's decision in Converse Inc. v. Int'l Trade Comm'n (2018). The panel will discuss the court's new test for secondary meaning, the timing of infringement and the likelihood of confusion test.
- Converse Inc. v. ITC (Fed. Cir. Oct. 30, 2018)
- Secondary meaning
- Timing of infringement
- Likelihood of confusion
- IP protection for products
The panel will review these and other key issues:
- How did the Converse court change the test to determine secondary meaning?
- What are the six factors to consider in determining whether a mark has acquired distinctiveness?
- How does the Converse decision place limits on trade dress infringement?
Matthew L. Frisbee
Mr. Frisbee assists clients with a variety of trademark matters, with an emphasis on U.S. trademark prosecution and... | Read More
Mr. Frisbee assists clients with a variety of trademark matters, with an emphasis on U.S. trademark prosecution and counseling. He routinely counsels clients regarding the availability and registration of trademarks, prosecutes trademark applications, and represents clients in domain name disputes and proceedings before the TTAB. In addition, Mr. Frisbee has experience drafting IP licenses, assignments and other agreements.Close
Meredith M. Wilkes
Ms. Wilkes is a trial lawyer whose practice is focused on brand protection and enforcement. She has led... | Read More
Ms. Wilkes is a trial lawyer whose practice is focused on brand protection and enforcement. She has led high-stakes trademark, trade dress, trade secret, false advertising, unfair competition, and design patent litigation for global brands in federal and state courts throughout the U.S. Ms. Wilkes also counsels clients on brand selection and clearance strategies worldwide from searching to filing to enforcement. She is a frequent speaker on brand issues and is Co-Leader of the firm's global Trademarks, Unfair Competition & Copyrights Group.Close