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

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:

1. 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
2. Registration of non-traditional marks
   1. Clearing the mark
   2. Functionality test
   3. Acquired distinctiveness
   4. Inherent distinctiveness
3. 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.