Webinar on Non-Traditional Trademarks, Sound, Color, Shape, Scent & More

By Steve Baird on February 5, 2011

Posted in Non-Traditional Trademarks, Product Configurations, Sight, Smell, Sound, Taste, Touch, Trademarks

I’m happy to share with you that on Tuesday February 8, 2011, I’m speaking about one of my favorite topics, non-traditional trademarks, with my friends Linda McLeod of Finnegan Henderson and Stephen Feingold of Kilpatrick Townsend, in a webinar program put on by Strafford Publications, Inc. The webinar begins at 1:00 PM EST and Noon CST. Registration details here.

The first two people who leave a comment on this post may attend the webinar free of charge!

Here is the outline for the 90 minute program:

Non-traditional marks and challenges faced with each
1. Sight
2. Sound
3. Touch
4. Single colors
5. Motion
6. Hologram
7. Product packaging
8. Product configurations
Registration of non-traditional marks
1. Clearing the mark
2. Functionality test
3. Acquired distinctiveness
4. Inherent distinctiveness
Enforcing non-traditional marks
1. Policing use of marks
2. Challenge of subjective character of non-traditional mark
3. Nominative fair use defense
4. Substantial evidence of non-functionality and secondary meaning
5. Litigation strategies

More details can be found here. We hope you are able to join us.

Karen Evans

Great topic for a webinar! My students always love this segment of my IP lecture.
Aaron Silverstein

In the time honored tradition of intertube commenting…..FIRST.
Steve Baird

Karen and Aaron, congrats — I’ll let Strafford know your the lucky winners!
Tracy Pepe

I would like to share this with my Olfactive Group – perfumery is our main focus of work and I do believe some of my members would enjoy this topic. Being International – Global group the webinar is a great concept.
I will twit & facebook it as well.
Cheers hope to join you. Tracy