Attention:
Card image cap

Landslide Series: Exploiting the Interplay Between Trade Dress and Design Patent


Level: Advanced
Runtime: 92 minutes
Recorded Date: February 16, 2021
Click here to share this program
Printer-Friendly Version
Closed Caption

Agenda

  • Understand the differences between trade dress and design patent protections
  • Understand generally how to obtain trade dress and design patent protection
  • Understand the differences between functionality as a limit to protection in trade dress law versus design patent law
Runtime: 1 hour, 32 minutes
Recorded: February 16, 2021

Description

Trade dress is a type of trademark that protects the source-identifying characteristics of a product, particularly the overall appearance, shape, and design of the product itself. By contrast, a design patent protects the new, ornamental design of a product. Successfully attaining both trade dress and design patent protections can be challenging. Both protection strategies have limits, particularly related to "functionality," which are determined differently depending on the form of intellectual property at issue.

This panel will explore the scope and intersection of trade dress and design patent protection and offer strategies for maximizing protection across the two regimes.

This program was recorded on February 16th, 2021.

Provided By

American Bar Association
Card image cap

Panelists

Card image cap

Lisa Holubar

Partner and Head, Trademark & Advertising Litigation
Irwin IP

Lisa Holubar is the Head of Trademark and Advertising Litigation at Irwin IP. Lisa’s practice encompasses litigation and counseling matters concerning trademarks, trade dress, unfair competition, counterfeiting, and false advertising. Lisa has successfully represented clients in expedited trademark and unfair competition actions nationwide, both as plaintiff and defendant. Lisa has argued for and obtained injunctive relief and has examined witnesses in both federal court and disputed mediation proceedings. Lisa has considerable experience working with survey experts in trademark and false advertising disputes. Lisa also has represented clients engaged in administrative proceedings with U.S. Customs and Border Protection. Lisa has counseled clients on brand protection strategies and has presented on a number of issues regarding trademark and advertising law.

Card image cap

Ed Timberlake

Board Certified Specialist, Trademark Law
Timberlake Law

Ed Timberlake, a former Trademark Examining Attorney at the U.S. Patent & Trademark Office and currently a Board Certified Specialist in Trademark Law. Ed's practice focuses on trademarks & copyrights, primarily providing advice, preparing & filing applications, and maintaining registrations.

Card image cap

Sarah Burstein

Professor of Law
The University of Oklahoma College of Law

Professor Burstein is an internationally-recognized expert in design patents. Prior to joining the faculty at OU, she worked as an intellectual property litigation associate in the Chicago office of Kirkland & Ellis LLP and clerked for the Honorable Robert W. Pratt in the United States District Court for the Southern District of Iowa. Professor Burstein has a law degree from the University of Chicago and B.A. in Art & Design from Iowa State University.

Professor Burstein has participated in design law conferences at the University of Oxford, Notre Dame Law School, Stanford Law School, the Max Planck Institute for Intellectual Property and Competition Law, ETH Zürich, and Waseda University in Tokyo. Professor Burstein is a past chair of the AALS Section on Art Law and the ABA Design Committee and a member of the INTA Academic Committee.


Card image cap

Similar Courses

Card image cap
97 minutes
26 Words that Created the Internet - Basics of the Communications Decency Act Section 230 Safe Harbor
This program will examine the basics of CDA 230 and its day to day affect for those who advise internet businesses as well as those who litigate against them. It will give practical guidance as to what extend internet companies can or should edit or censor the information their users contribute to their sites and to what extent those users will actually be liable.

New Media Rights

$115

Add to Cart
Card image cap
88 minutes
Applying Copyright Concepts Through the Lens of Goldman v Breitbart News
This program introduces basic technological concepts like “linking,” “embedding,” “how browsers and websites are served” in a robust manner probably beyond the common sense understanding of these concepts, but just enough to explain why the way these technologies really “work” is critical to the arguments that you make as a copyright litigator.

New Media Rights

$115

Add to Cart
Card image cap
92 minutes
Art Law 101: Consignment Agreements
This seminar will provide an overview of the issues applicable to art consignments, including issues of agency, security interests, fiduciary duties, and warranties.

American Bar Association

$115

Add to Cart
Card image cap
91 minutes
Art Law 201: Online Sales and Copyright in the Virtual Art Arena
Understand the many issues art law practitioners face in the "virtual art arena."

American Bar Association

$115

Add to Cart
Previous Next