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
Member
Eckert Seamans Cherin & Mellott
Ms. Frangiosa counsels clients across various industries about IP and technology law. Her combined litigation and... | Read More
Ms. Frangiosa counsels clients across various industries about IP and technology law. Her combined litigation and transactional practice concentrates on copyright and trademark advisory services, counterfeiting, infringement, unfair competition, false advertising, trade secrets, licensing, and policy development. Ms. Frangiosa’s experience ranges from educating clients about protecting their copyright, trademark, and trade secret rights, to negotiating agreements to protect these rights, and finally, to litigating and resolving their enforcement claims or defending against claims filed by others. She has appeared in state and federal courts on behalf of her clients and represents them in trademark applications filed with the USPTO and in opposition and cancellation proceedings before the TTAB. Her clients have included advertising companies, authors, computer software developers, consulting firms, educational organizations, entertainment companies and personalities, and manufacturers, among others.
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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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