Tech Transfer Central
Archer Norris

Trade Dress and Design Patent: Leveraging Recent Lessons to Maximize Protection

Trademark, Patent, and Copyright Strategies to Challenge and Defeat Infringement Claims
Published by Strafford Publications, Inc.
Format: On-Demand or DVD
Originally presented: September 19, 2013

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Price: $297
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Please note: You will be taken to the Strafford website to complete your order.

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

The emergence of recent court cases, such as Apple v. Samsung Electronics and Frito Lay v. Medallion have underscored the need for counsel to guide product owners in identifying the 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 questions:

  • 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?

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


Robert D. Litowitz, Partner
Kelly IP, Washington, D.C.
He has over 30 years of experience in litigating patents, trademarks, and other intellectual property rights before U.S. district courts, the ITC, and the TTAB. He has extensive experience leading and managing a range of litigations on such diverse subjects as pharmaceuticals, healthcare products, designs, product configurations, words, symbols, golf courses, and books.

Rachel Hofstatter, Of Counsel
Steptoe & Johnson, Washington, D.C.
She is a member of the firm’s IP Group and Litigation Department. Her practice focuses primarily on the acquisition, protection and enforcement of IP rights. Her litigation experience includes the prosecution and defense of trademark, trade dress, copyright and patent infringements in federal court, at the USPTO, and at the NAF.

Darius Gambino, Partner
DLA Piper LLP (US), Philadelphia
He has extensive domestic and international IP law experience. His practice primarily focuses on patent, trademark, and copyright matters with emphasis on patent prosecution and litigation, trademark registration and enforcement, copyright registration and enforcement, trade secrets, licensing, opinions and due diligence investigations. He has also published widely on numerous IP topics.

Register Today!

Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.

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.

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