Functionality in Trade Dress Prosecution and Litigation: Protecting the Look and Feel of Products and Packaging
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide IP counsel on identifying and overcoming challenges related to the distinction between nonfunctionality and functionality in connection with trade dress. The panel will examine the 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 and enforcing those rights against infringers
Benefits
The panel will review these and other key issues:
- What are the lessons from recent decisions finding claimed trade dress either nonfunctional or functional?
- What lessons can be taken from federal court decisions regarding trade dress infringement claims?
- 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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Christina D. Frangiosa
Partner
Neal & McDevitt
Ms. Frangiosa counsels clients across various industries about intellectual property and technology law. Her combined... | Read More
Ms. Frangiosa counsels clients across various industries about intellectual property and technology law. Her combined litigation and transactional practice concentrates on copyright and trademark matters – from search & clearance, to prosecution, to licensing and enforcement. In the context of enforcement, her coverage is similarly wide ranging from infringement and counterfeiting, to unfair competition, false advertising, and the influence of artificial intelligence on the protectability of creative works. Ms. Frangiosa consistently works with her clients to educate them about protecting their copyrights and trademarks, including providing specific advice about navigating the U.S. Patent & Trademark Office’s trademark registration systems and about effectively launching and using their marks in commerce to permit long-term maintenance of their valuable brands. She has appeared in state and federal courts on behalf of her clients in trademark and other litigation matters, and represents brand owners in opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB). Her clients have included advertising companies, authors, computer software developers, consulting firms, educational institutions, entertainment-related companies, entrepreneurs, financial and insurance companies, manufacturers, nonprofit organizations, consumer retail establishments, service companies, and graphic designers, among others. Ms. Frangiosa is also very active in the legal community, serving in many key leadership roles of the American Bar Association’s Section of Intellectual Property Law, providing legal commentary on IP-related issues in the mainstream media, authoring articles, leading CLE seminars, and serving as the publisher of the Privacy and IP Law Blog, which has addressed recent developments in trademark, copyright, computer, data security, and privacy law since 2009.
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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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