For our weekly SoCal IP Institute meeting on Monday, August 2, 2021 we will discuss the following:
The intersection between the three types of IP protection available for products. As set forth by the Supreme Court in the TrafFix case in 2001 (here), product configuration cannot be protected as trade dress if the product feature sought to be protected is functional; and an appearance in a utility patent is strong evidence of functionality. The same product feature can have been in a design patent, though. The question thus arises: Is it possible to protect a new product with all three types of IP? How to avoid conflicts and maximize protection. Presentation
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