Trade Dress and Design Patent: Leveraging Recent Court Decisions to Maximize Protection

Trademark, Patent and Copyright Strategies to Challenge and Defeat Infringement Claims

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, May 18, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to IP counsel on maximizing protection of product design and packaging by using trade dress, trademark, patent and copyright law.


Trade dress and design patent issues are at the forefront of intellectual property disputes. Counsel to some of the world’s most successful brands are increasingly using trademark law to protect unique features of product design and packaging.

Recent court cases, such as Apple v. Samsung Electronics and Groeneveld Transport v. Lubecore, underscore the need for counsel to guide product owners in identifying distinctive aspects of the design for protection under trademark law.

Product design can be a business’ most valuable asset, so developing a company’s enforcement strategy is critical. Counsel must consider how to leverage trademark and copyright law to protect and prevent a design from infringement. Defense counsel must prepare with practical strategies to rebut such claims.

Listen as our authoritative panel of IP attorneys examines the advantages and mechanics of design patent protection and of trade dress protection, how design patent protection can coexist with trade dress protection, and how copyright protection can be used to protect products from infringement.



  1. Advantages and mechanics of design patent protection
  2. Advantages and mechanics of trade dress protection
  3. How design patent protection can coexist with trade dress protection
  4. How copyright protection comes into play


The panel will review these and other key issues:

  • What advantages does design patent have over trade dress protection in protecting against infringement?
  • What role do trademark and copyright law play in protecting product and packaging designs?
  • What are the key tactics for counsel in protecting product and packaging designs?


Gelchinsky, Jonathan
Jonathan M. Gelchinsky

Pierce Atwood

Mr. Gelchinsky specializes in managing and advising on the global trademark portfolios of highly successful, leading...  |  Read More

Hofstatter, Rachel
Rachel M. Hofstatter

Of Counsel
Steptoe & Johnson

Ms. Hofstatter is a member of the firm's IP Group and Litigation Department. Her practice focuses primarily on...  |  Read More

Litowitz, Robert
Robert D. Litowitz

Kelly IP

Mr. Litowitz has over 30 years of experience in litigating patents, trademarks, and other intellectual property...  |  Read More

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