Legal Protection for New Product Designs: From Mobile Technologies to Fashion

Synopsis

Innovative design is essential to ease of use, visual appeal, and effective branding of new products in a wide range of industries, but it has also been a challenge for the industries as well. This program will examine the legal protections that are available for product designs, including design patent, copyright and trade dress protection. The presenters discuss current trends and developments in design patent protection and litigation, including lessons learned from Apple v. Samsung. They provide insight as to how you can emulate successful design protection strategies that have been used in the smartphone wars, and by the automotive and fashion industries, among others.   

**iPad Compatible        



Outline

I. Protecting New Designs
    A. The Resurgence of Interest in Design Patents
    B. The World of Industrial Design
        1. What Is Design Used For?
        2. The Process of Invention
        3. The Project Lifecyle
        4. The Designer's Role
        5. Desktop Printing
        6. The Takeaways
    C. Protecting Product Designs with Design Patents
        1. The Statute
        2. Drawings in a Design Patent
        3. Apple v. Samsung - The Background
        4. Lessons Learned from Apple v. Samsung
        5. More Lessons from Apple v. Samsung
        6. Strategies for Design Patents
    D. Enforcing Design Patents
        1. The International Trade Commission
        2. Patent Interpretation
        3. The Ordinary Observer Test
        4. Applying the Ordinary Observer Test
        5. Main Issues
        6. Expert Witnesses
        7. Remedies for Design Patent Infringement
    E. Protecting Product Designs with Trade Dress Rights
        1. What Can Be Protected?
        2. Registering Product Designs
        3. Functionality Test
        4. Aesthetic Functionality and Color as Protected Trade Dress
        5. Enforcing Trade Dress in Litigation
    F. Protecting Product Designs with Copyright
        1. Copyright 101
        2. Copyright Registration
        3. Copyrightability in Design
        4. Infringing Elements
        5. Defenses to Copyright Infringement
        6. 3D Printing and Final Copyrightability Tips
    G. Protection of Product Design in the Fashion World
        1. Why Talk About Fashion?
        2. Counterfeiting Cases
        3. Trademark Remedies
        4. Originality and Separability
        5. Risks of Enjoining in the Copyright Space
    H. Patent Protection in the Fashion Industry
        1. A U.S. Perspective
        2. International Protections
     I. Audience and Panel Discussion
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The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city’s lawyers addressing those improprieties. It called for the creation of a new bar association to “sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ....” More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a “gateway” to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members’ needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association’s highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers’ Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York’s neediest and uses novel approaches to address them, often involving community participation.

 





Speakers / Authors:

Photo of Catriona Collins

Catriona Collins

Catriona M. Collins focuses on intellectual property law, in particular dispute resolution, counseling and litigation. Her experience includes design patent, trademark and copyright disputes as well as utility patent litigation. Ms. Collins practices as special counsel with Cowan, Liebowitz & Latman, P.C. in New York. She also teaches intellectual property law as an adjunct instructor at New York University and is a member of the City Bar patents committee.

Ms. Collins holds law degrees from Trinity College Dublin and the University of Cambridge, and she is admitted in New York and before various federal courts.

Photo of David A. Boag

David A. Boag
Boag Law, PLLC

David A. Boag is the founder of Boag Law, PLLC, a boutique intellectual property law practice that focuses on patent, trademark, copyright, and technology law. The firm specializes in complex technology matters and frequently counsel’s startup and emerging companies on their IP issues.

At the Benjamin N. Cardozo School of law, Mr. Boag was a member of the Moot Court Honor Society. Prior to forming the firm, he spent over 10 years with Amster, Rothstein & Ebenstein LLP where he handled a wide range of intellectual property matters for a client base ranging from Fortune 100 multinational corporations to sole proprietors and inventors. Mr. Boag’s experience includes patent, trademark, and copyright litigation, strategic prosecution, licensing, and dispute resolution, among many others.

Mr. Boag has an undergraduate degree in computer science from the University at Buffalo and worked as a software developer prior to law school.

Photo of Howard Hogan

Howard Hogan
Gibson, Dunn & Crutcher

Howard S. Hogan is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and is Co-Chair of the Fashion, Retail and Consumer Products group. Over the course of his career, Mr. Hogan has handled numerous complex cases in a variety of federal and state courts in several different substantive areas including general commercial, securities and employment matters, and internal investigations. 

Mr. Hogan's practice focuses on intellectual property litigation and counseling, including trademark, copyright, patent, false advertising, right of publicity, licensing, and trade secret matters. Mr. Hogan has represented various corporations and individuals in a broad range of industries, including financial services, sports, fashion, cosmetics, entertainment, transportation, pharmaceuticals, and online services. A significant portion of Mr. Hogan's practice involves computer, Internet, and new media-related issues. He has represented and counseled a wide variety of companies on these issues, whether they are Internet-focused companies or traditional brick–and–mortar companies. Many of Mr. Hogan’s matters have tested the application of traditional legal principles to the Internet and new media, such as in connection with issues of Internet jurisdiction, online contracting, and the application of trademark and copyright law to search engines, social media, and online sales. Mr. Hogan also regularly counsels clients in connection with the application of privacy law to online commercial activities and data breaches, and has assisted clients with several substantial trade secrets and information security matters. 

Mr. Hogan received his J.D. in 1999 from New York University, and his B.S. in 1994 from Georgetown University.

Photo of Susan Progoff

Susan Progoff
Dorsey & Whitney LLP

Susan Progoff is a partner at Dorsey & Whitney LLP in New York City, where she specializes in trademark, trade dress, copyright, internet and unfair competition law. Her practice includes all aspects of these areas, including litigation in the courts and in the TTAB, ADR, corporate transactions, licensing, prosecution and counseling clients, both in the United States and internationally. She has been involved in a number of major trade dress lawsuits, including one in which the court found that her client’s registration process for a trade show was protectable trade dress, and has obtained trademark registrations in the Patent and Trademark Office
covering many product configurations.

Ms. Progoff has also lectured and written extensively on topics involving trade dress, trademarks, copyrights and unfair competition. She is active in the International Trademark Association and is the former chair and current member of the New York City Bar Association's Committee on Trademark and Unfair Competition.

Ms. Progroff earned her J.D., cum laude, in 1979 from the University of Pittsburgh School of Law, her M.S. in 1976 from the University of Florida, and her B.A. in 1974 from the University of Pennsylvania.

Photo of Monica Richman

Monica Richman
Dentons

Monica Richman a partner in Dentons Intellectual Property and Technology practice and legacy chair of its Fashion, Apparel, and Beauty group, she represents many of the world’s biggest names in entertainment, fashion, and financialservices. Ranked as a leading intellectual property attorney by Chambers USA and a New York “Super Lawyer,” Ms. Richman frequently advises on licensing, trademark development, trademark portfolio management, due diligence, and a wide range of other intellectual property matters, including those involving e-commerce and social media. She is a frequent writer and speaker, and has been quoted by The Wall Street Journal and USA Today among other publications.

Ms. Richman received her J.D. in 1995 from Emory University School of Law and her B.B.A., magna cum laude, in 1991 from The George Washington University.

Photo of Russell Robertson

Russell Robertson

Russell Robertson is founder Hybrid Product Design + Development Inc. in NYC, with Jeanne Pfordresher. Hybrid develops innovative product solutions for global consumer culture. With many years experience, Russell Robertson has worked internationally for Samsung, LG Electronics and Philips Electronics. And in the U.S. for Brook Stevens, Insight, ECCO and 4Sight inc. He is named on several patents across various product categories.

Mr. Robertson has participated with global teams comprised of; design researchers and human factors professionals, non-for profits, educators, CROs, patent attorneys and manufacturers to provide research, strategic thinking and product development. His work has helped clients win awards and gain market success within a wide range of product segments such as; recreational sports equipment, house wares, consumer electronics, medical equipment and structural packaging.

Elected chair of the IDSA/NYC chapter from 2002 – 2004, Mr. Robertson organized local events and participated nationally as a board member. Curating the local IDSA addition of "POPSICLE", which was a magazine covering art, design, engineering and careers for graduating Industrial Design students. From 2005 - 2007 he worked with the Design Trust for Public Space and the Taxi and Limousine Commission, to identify, propose and promote new ideas for a future NYC taxi. The “Taxi of the Future” initiative, exhibitions and publications featured Hybrid Design’s Mini Modal concept vehicle several times. The Mini Modal Taxi has been reviewed in the New York Times, Playboy Magazine and Design Boom publications to name a few.

A Professor at Pratt Institute’s Industrial Design department, Mr. Robertson infuses his strategic design process with the student’s unique vision. Encouraging a broad exploration of ideas, verbal and visual narratives, and direct presentations. He has taught graduate and undergraduate students including; industrial design studio, experimental transportation, drawing for design, professional practice, and internship placement.

Mr. Robertson is a graduate of Industrial Design from the Cleveland Institute of Art.

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Details

Course Code : 773153

Release Date: 5/12/2014 12:00:00 AM
Recorded Date: 4/1/2014
Length: 2hr 35min
Format Type: Video

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