Functionality in Trademark Prosecution and Litigation: Protecting Trademarks, Defending Against Infringement Claims
Functionality; Aesthetic Functionality; Related Copyright and Design Issues; Cross-Border Enforcement
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide IP counsel on protecting trademarks and trade dress, defending against such claims, and dealing with the challenges and limitations of functionality and aesthetic functionality. The panel will examine functionality as it is applied in trademark applications and trademark and trade dress litigation, discuss how it is addressed in USPTO registration and federal court decisions, and how it relates to copyright and design rights.
- In trademark applications
- In trade dress applications
- In litigation
- TTAB and court treatment of utilitarian functionality and aesthetic functionality
- Best practices to avoid functionality problems
The panel will review these and other key issues:
- What are the lessons from recent decisions regarding functionality in trademark applications?
- What steps can counsel take to overcome the hurdle of proving non-functionality to obtain trademark protection?
- How is the USPTO treating functionality issues in the context of trademarks?
B. Brett Heavner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Heavner's practice covers all aspects of trademark and unfair competition law, with a particular focus on... | Read More
Mr. Heavner's practice covers all aspects of trademark and unfair competition law, with a particular focus on trademark infringement, counterfeiting, and false advertising litigation. He assists clients in developing strategies for establishing and enforcing their trademark rights. Mr. Heavner counsels on issues regarding trademark clearance searching, trademark and copyright licensing, and certification mark programs.Close
Janet A. Marvel
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.Close