Copyrights v. Design Patents & Trademarks/Trade Dress

June 26, 2013
Association of Corporate Patent Counsel 2013 Summer Meeting
The protection of product designs has become increasingly complex. Companies spend thousands to create innovative and distinctive products, only to see them imitated and sold by competitors almost immediately. Protection of such designs requires an integrated approach, combining design patents, trademarks, and/or copyright protection. Additionally, trade dress law with respect to product designs continues to evolve and, while copyright law has some limitations, copyright remedies are exceptionally powerful.

At the 2013 Summer Meeting, Dinsmore's attorneys Geof Oberhaus and Karen Gaunt will discuss:

• the current state of the law using trade dress to protect consumer products
• the role of design patents, trademark law, and/or copyright law in protecting consumer products
• different requirements for each (distinctiveness, non-functionality)
• different test(s) for infringement
• how to use each together to maximize IP protection
• advantages and disadvantages of each

The presenters will also discuss current trends in product protection which includes the battle against the black market and the move toward digital.