, Managing Principal

, Chair, Intellectual Property Department, Winthrop & Weinstine

This presentation will cover the hot topics that designers and attorneys are currently facing, including allegations of trademark bullying, genericide and lower-case branding, brandverbs and trademark verbing, look-for-advertising and the importance of form over function in non-word trademarks. Presented with practical tips and great case studies, the information is timely, relevant, lively and fun.

1. A trademark should avoid the pitfalls of genericide, otherwise all exclusive rights are lost.
2. When executing a marketing strategy with a form over function approach, early collaboration with enlightened trademark counsel is important.
3. Form rules over function, because function kills non-traditional trademarks such as trade dress and packaging, unique product shapes, colors, sounds, touch and scent.