CD/DVD of a 90-minute CLE teleconference with Q&A
Sponsored by the Legal Publishing Group of Strafford Publications
Conducted on December 15, 2009
Price: $297

Please note: You will be taken to the Strafford website to complete your order.

This CLE seminar will review the challenges and processes involved in trademarking and protecting non-traditional categories. The panel will offer strategies for registering and enforcing marks involving uniquely identifiable packaging, shapes, colors, sounds, and other non-conventional aspects.

Description

Trademark protection extends beyond traditional names and logos to other categories, such as shape, sound, touch, colors, motions, and more. These non-traditional trademarks are difficult to register but fulfill the essential trademark function of uniquely identifying the commercial origin.

Non-traditional marks are a valuable marketing tool. NBC’s chimes, MGM’s lion roar, and the Coca Cola bottle shape were all successfully registered. However, Pepto Bismol failed in efforts to register its pink color, and Harley Davidson gave up trying to trademark the sound of its motorcycles.

Companies and their counsel must understand the challenges involved in proving, registering and protecting these non-traditional trademarks to determine how to overcome these hurdles and protect these marks.

Listen as our authoritative panel of trademark attorneys discusses the challenges involved in non-traditional marks, strategies for registering such trademarks, and best practices for enforcing rights in non-traditional trademarks.

Outline

• Non-traditional marks and challenges faced with each
  • Sight
  • Sound
  • Touch
  • Single colors
  • Motion
  • Hologram
  • Product packaging
  • Product configuration
• Registration of non-traditional marks
  • Clearing the mark
  • Functionality test
  • Acquired distinctiveness
  • Inherent distinctiveness
• Enforcing non-traditional marks
• Policing use of marks
• Challenge of subjective character of non-traditional mark
• Nominative fair use defense
• Substantial evidence of non-functionality and secondary meaning
• Litigation strategies

Benefits

The panel will review these and other key questions:

• What unique challenges arise in the various types of non-traditional trademarks?
• What strategies should counsel consider to successfully register non-traditional marks?
• What are effective approaches for counsel in non-traditional trademark litigation?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Stephen R. Baird, Shareholder
Winthrop & Weinstine, Minneapolis
He heads the intellectual property and trademark and brand management practice groups, and his practice emphasizes trademark law, related unfair competition law and copyright law. He counsels clients on trademark usage and clearance, branding strategies, portfolio management, litigation and enforcement, Internet domain name disputes, licensing and prosecution.

Linda K. McLeod, Partner
Finnegan Henderson Farabow Garrett & Dunner, Washington, D.C.
Her practice focuses on litigation before the Trademark Trial and Appeal Board and the courts, trademark clearance and prosecution, and client counseling. She gained significant expertise while serving as Administrative Trademark Judge and Interlocutory Attorney with the TTAB. She sat on panels that decided cases involving a variety of marks, including product configurations and color trademarks.

Stephen Feingold, Partner
Kilpatrick Stockton, New York
His practice focuses on trademark, copyright, advertising and Internet matters. He has handled complex trademark litigation matters and sophisticated transactional projects. He advises clients with large global portfolios on how to effectively and efficiently manage and utilize these assets to further their business objectives privacy issues and other Internet-specific problems.

Order Today!
Teleconference on CD includes full event recording plus handouts.

Continuing Legal Education
Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.

Please note: You will be taken to the
Strafford website to complete your order.