On December 10, 2019 from 12:30 PM to 2:00 PM (Eastern Standard Time), the American Intellectual Property Law Association (AIPLA) will host a webinar entitled “Constitutionality of Protecting Product Designs Both as Design Patents and as Trade Dress.” Kenneth Germain of Wood Herron & Evans LLP and Richard Stockton of Banner Witcoff will debate the issue. Register here.

Traditionally, product designs have been protected both as design patents and trade dress. But should different intellectual property law regimes protect the same features of a product consecutively or even concurrently? Both the Constitution’s Patent/Copyright Clause (Art. I//8/8) and its Commerce Clause (Art. 1/8/3) probably can provide such protection. But can they both really coexist? Ken Germain asserts that the PC Cl. trumps the Commerce Cl., so that only one type of IP protection is available; Rich Stockton asserts that coexistence is allowable and appropriate. A spirited collegial debate will ensue!

Presented by: Kenneth Germain of Wood Herron & Evans LLP; Richard Stockton of Banner Witcoff

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Text Copyright John L. Welch 2019.