Jennifer Lee Taylor is presenting to the ACC Litigation Committee on trademark/trade dress litigation. She will cover how to protect designs from infringement.
About the presentation:
More and more companies are seeking design patents to protect their product or packaging designs. Others rely on trade dress rights. There’s clearly no right or wrong way to protect designs. Yet, with different infringement and validity tests, the decision of whether to assert design patents, trade dress rights (or both) in litigation will affect the burdens and standards of proof in the case. Understanding those differences better can help companies make the right decision when it comes to enforcing their design rights.