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 helps clients to develop tailored strategies for protecting and enforcing their brands in the U.S. and... | Read More
Mr. Frisbee helps clients to develop tailored strategies for protecting and enforcing their brands in the U.S. and around the world. He routinely guides clients from trademark selection and clearance through registration and beyond, emphasizing a pragmatic and strategic approach. Mr. Frisbee also counsels brand owners regarding the intersection of trade dress, copyright, and design patent laws to protect product designs. He represents clients in trademark and copyright disputes and enforcement efforts, including handling proceedings before the Trademark Trial and Appeal Board, managing multi-jurisdictional disputes, and negotiating settlement agreements. Mr. Frisbee’s transactional experience covers IP licensing, assignments, and due diligence. He serves on the International Trademark Association’s U.S. Patent and Trademark Office Committee, which advocates to the USPTO on behalf of the trademark community. Mr. Frisbee also regularly appears as a panelist on IP topics for CLE presentations hosted by Strafford and has written articles published in the INTA Bulletin and IP Watchdog.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