This document discusses alternatives to design patents for protecting useful objects with design elements, such as copyright, trade dress, and packaging configurations. Copyright can protect separable design elements if they are original works of authorship. Trade dress protects product and packaging designs that are non-functional and have acquired distinctiveness. While copyright and trade dress provide some protection, design patents offer the strongest protection for new and ornamental designs.
2016 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and...Quarles & Brady
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Key Bankruptcy Considerations Heading into a RecessionQuarles & Brady
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Action Steps for Your Employee Benefits Plan During the Coronavirus PandemicQuarles & Brady
With the enactment of two new Coronavirus-related laws, plan sponsors of retirement, health and welfare plans have several "must-do" items to consider, along with several "optional" items. Join us for this informative webinar where we will discuss the different legal considerations plan sponsors and service providers (such as third party administrators, insurance brokers and pharmacy benefit mangers) should consider for their retirement, health and welfare plans.
We will discuss:
-What coronavirus testing must be covered by health plans
Important changes to "over the counter" drugs and medicine
-Addressing layoffs and furloughs, and how to survive the benefit costs
-Best practices for distribution and loan options for those who have been affected
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-How to treat paid leave under your retirement plans
2016 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and...Quarles & Brady
In 2016, the Midwest (which we will define as Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) saw a number of statutory changes and court decisions that reshaped and framed a number of key issues every developer, design professional, owner, lender, contractor, and real estate and construction lawyer must know.
Key Bankruptcy Considerations Heading into a RecessionQuarles & Brady
As the impact of the COVID-19 pandemic continues to evolve, US businesses are already feeling the impact of a potential economic downturn. Presenters will discuss key considerations that may present themselves in the event of a recession, including modification and forbearance agreements, amendment/default scenarios, risks regarding "slow pay" and termination of key contracts, and priority rights of suppliers in bankruptcy, as well as implications of the Small Business Bankruptcy Act for potential debtors.
Action Steps for Your Employee Benefits Plan During the Coronavirus PandemicQuarles & Brady
With the enactment of two new Coronavirus-related laws, plan sponsors of retirement, health and welfare plans have several "must-do" items to consider, along with several "optional" items. Join us for this informative webinar where we will discuss the different legal considerations plan sponsors and service providers (such as third party administrators, insurance brokers and pharmacy benefit mangers) should consider for their retirement, health and welfare plans.
We will discuss:
-What coronavirus testing must be covered by health plans
Important changes to "over the counter" drugs and medicine
-Addressing layoffs and furloughs, and how to survive the benefit costs
-Best practices for distribution and loan options for those who have been affected
-Delaying, repaying and fixing 2020 required minimum distributions
-How to treat paid leave under your retirement plans
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There is a patchwork of medical and recreational marijuana laws across the country with more changes on the horizon. Multi-state employers need to account for the legal differences by state and train their employees accordingly for handling medical marijuana issues in the workplace. The session will also discuss the current status of the legalization of recreational marijuana and what is likely coming. Now is the time for employers to evaluate their policies and procedures, not only in light of the law but practical realities as well.
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Business Law Training: Pushing CCPA Compliance Over the Finish Line: New Deve...Quarles & Brady
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We will also consider real-life scenarios and practical solutions for addressing these requests from employees and students in higher education institutions.
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Q&B Securities Partner Jon Hackbarth will moderate a discussion on crisis communication with two experts who have many years of practical experience in crisis situations drawing high levels of media scrutiny; Q&B Litigation Partner Dan Conley, who leads the Quarles Crisis Communications Team, and Jody Lowe, President and Managing Director of The Lowe Group, Financial Communications. The panel will focus on the complicated attorney-client privilege, litigation and public relations issues that can surprise management in a crisis situation, and best practices for promptly gathering the facts, and putting together and controlling your message in such circumstances. The panel will emphasize the importance of preparation before the crisis arises, and the importance of coordinating media and legal strategies, whether the issues involve arise from actual or potential lawsuits, regulatory enforcement, executive departures, corporate restructuring or workplace tragedies.
Congrats on surviving this year of multiple changes in the Employee Benefits industry. With more legal changes anticipated in 2020, we want to help you not only review your compliance readiness for the recently implemented laws, but help you and your team build a solid 2020 Watchlist for the new year.
Both focusing on 2019 year-end and looking ahead to 2020, this webinar will cover:
Multiple-employer plans -- What new guidance means for your business
New correction options under the IRS Employee Plans Compliance Resolution System, plus the most common 2019 plan errors we saw and how to fix them
Hardship distributions and participant loans -- Imminent deadlines for amendments and updated tips
New health reimbursement options -- How useful are they?
How to treat coupons used by plan participants to help pay for prescription drugs
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Guidance for Employers During the Evolving COVID-19 PandemicQuarles & Brady
As the impact of the COVID-19 pandemic continues to rapidly evolve, U.S. employers are wrestling with many workforce issues to ensure workforce safety and mitigate operational disruptions. Our discussion will present key considerations for employers relating to employee workplace safety, implementing policies and procedures for working remotely, handling issues of paid and unpaid leave for employees or family member care, as well as addressing travel restrictions, all within the context of FMLA, EEOC, wage and hour and other legal guidelines. A question and answer period will follow the presentation.
Guidance for Employers During the Evolving COVID-19 PandemicQuarles & Brady
As the impact of the COVID-19 pandemic continues to rapidly evolve, U.S. employers are wrestling with many workforce issues to ensure workforce safety and mitigate operational disruptions. Our discussion will present key considerations for employers relating to employee workplace safety, implementing policies and procedures for working remotely, handling issues of paid and unpaid leave for employees or family member care, as well as addressing travel restrictions, all within the context of FMLA, EEOC, wage and hour and other legal guidelines. A question and answer period will follow the presentation.
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This lively discussion focused on the market turmoil in the current public and private D&O markets. Additionally, the professionals explained the scope of Cyber Insurance for tradition exposures, operational risk and regulatory compliance.
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After stalling in the Senate for much of 2019, the long expected passage of the SECURE Act became a reality through a quiet attachment to the approved year-end spending bill. This session covered the Act's impact on important aspects of your benefit plans, along with the repeal of the so-called "Cadillac Tax" and other benefit changes included in the spending bill. Attendees were able to gain the information needed to comply with this newly passed legislation and ways to adapt their benefits to take full advantage of the law. We presented the formal legal changes as well as our perspectives on what compliance means on a practical level. Time for Q&A was planned near the end of the session.
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As economists and pundits debate whether a recession looms for 2020, your company can take steps now to be prepared to implement reductions in force should it become necessary. This presentation will explore how to plan and execute a reduction in force to minimize business, legal and other disruptions while reshaping your workforce. Whether a recession is imminent or not, the time to plan for such a workforce event is now.
Business Law Training: Pushing CCPA Compliance Over the Finish Line: New Deve...Quarles & Brady
California’s passage of the California Consumer Privacy Act marks the first-of-its-kind comprehensive data privacy statute in the United States. Effective January 1, 2020, amendments are sitting on the Governor’s desk for signature, with new initiatives being discussed as we speak. What are the new developments? And at the end of the day, where do you need to be by December 31st? Join us for a lively discussion on the latest best practices for meeting the new data privacy requirements in California.
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We will also consider real-life scenarios and practical solutions for addressing these requests from employees and students in higher education institutions.
Business Law Training: Crisis Communications: Finding Out What Happened and C...Quarles & Brady
Q&B Securities Partner Jon Hackbarth will moderate a discussion on crisis communication with two experts who have many years of practical experience in crisis situations drawing high levels of media scrutiny; Q&B Litigation Partner Dan Conley, who leads the Quarles Crisis Communications Team, and Jody Lowe, President and Managing Director of The Lowe Group, Financial Communications. The panel will focus on the complicated attorney-client privilege, litigation and public relations issues that can surprise management in a crisis situation, and best practices for promptly gathering the facts, and putting together and controlling your message in such circumstances. The panel will emphasize the importance of preparation before the crisis arises, and the importance of coordinating media and legal strategies, whether the issues involve arise from actual or potential lawsuits, regulatory enforcement, executive departures, corporate restructuring or workplace tragedies.
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Both focusing on 2019 year-end and looking ahead to 2020, this webinar will cover:
Multiple-employer plans -- What new guidance means for your business
New correction options under the IRS Employee Plans Compliance Resolution System, plus the most common 2019 plan errors we saw and how to fix them
Hardship distributions and participant loans -- Imminent deadlines for amendments and updated tips
New health reimbursement options -- How useful are they?
How to treat coupons used by plan participants to help pay for prescription drugs
New Medicare Secondary Payer reporting rules apply January 2020 -- What should you do?
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Join us for a discussion on tips and recommendations on handling internal investigations efficiently and effectively while avoiding some of the common traps.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
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PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
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The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Car Accident Injury Do I Have a Case....Knowyourright
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Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
1. Protecting Designs Without
Design Patents
Presented by: James J. Aquilina
PHONE: 202-780-2637
EMAIL: james.aquilina@quarles.com
WEB: www.quarles.com
www.linkedin.com/in/jjaquilina
2. - Copyright
- separable portions of useful articles
having sufficient originality
- Trade Dress
- product configurations/ elements
- packaging configurations
- applied color(s) / color(s) per se
Without Design Patents, how else can we
attempt to protect useful objects that contain
design elements?
3. Copyright "Hurdles"
- Separability
- often dictated by the creative process itself
- can the artistic work be perceived apart from a mental re-
creation of the useful article itself?
- Originality
- low bar; typically not a significant hurdle to protectability
4. Copyright Separability Doctrine
for Useful Articles
17 U.S.C. § 102 (a): “Copyright protection subsists … in original works of
authorship fixed in any tangible medium of expression ….
Works of authorship include …
(5) pictorial, graphic, and sculptural works”.
17 U.S.C. § 102 (b): In no case does copyright protection for an original work of
authorship extend to any idea, procedure, process, system, method of
operation, concept, principle, or discovery….
The problem: many useful articles incorporate artistic works, but how does
copyright law ensure the protectability of these pictorial, graphic, or sculptural
(PGS) works without extending protection to the utility of these articles?
5. Copyright Separability Doctrine
for Useful Articles
The solution (also a problem):
17 U.S.C. § 101:
“[PGS] works include two-dimensional and three-
dimensional works of fine, graphic, and applied art ….
Such works shall include works of artistic craftsmanship
insofar as their form but not their mechanical or utilitarian
aspects are concerned; the design of a useful article …
shall be considered a [PGS] work only if, and only to
the extent that, such design incorporates pictorial,
graphic, or sculptural features that can be identified
separately from, and are capable of existing
independently of, the utilitarian aspects of the article.”
8. Varsity Brands v. Star Athletica
137 S.Ct. 1002 (2017)
(1) can the design be perceived as a two or three-
dimensional work of art separate from the useful
article?
(2) would the design qualify as a protectable
pictorial, graphic, or sculptural work—either on its
own or fixed in some other tangible medium of
expression—if it were imagined separately from the
useful article into which it is incorporated?
9. OLD separability test:
Can the artistic
feature and the useful
article both exist side
by side and be
perceived as fully
realized, separate
works — one an
artistic work and the
other a useful article?
NEW separability test:
Focus only on “the
extracted feature”
because the “statute
does not require the
decisionmaker to
imagine a fully
functioning useful
article without the
artistic feature.”
Star Athletica, 137 S.Ct. at 1013.
10. Can one visually perceive of
the 2D or 3D work of art in a
way that doesn’t involve
creating a mental image of the
entire useful article?
11. “In re Pendant Lamp – 76”
Copyright Office Review Board
April 4, 2018
12. “In re Floor Liner”
Copyright Office Review Board
April 19, 2018
13. “In re Yeezy Boost” – Versions 1 and 2
Copyright Office Review Board
May 8, 2019
Version 1 Version 2
14. “In re Wilderness Survival Card”
Copyright Office Review Board
December 23, 2019
15. Trade Dress "Hurdles"
- Functionality
- avoid throwaway "useful," "makes it cheap," or "makes it easy to
manufacture" statements in utility patents/advertisements
- Lack of exclusive use
- use design patent(s) to elbow out competition while
distinctiveness being established?
- Lack of acquired distinctiveness
- employ targeted "look for" advertising
16. Trade Dress Functionality
15 U.S.C. § 1052: “No trademark by which the goods of the
applicant may be distinguished from the goods of others
shall be refused registration on the principal register on
account of its nature unless it—
(e)(5) comprises any matter that, as a whole, is functional.”
15 U.S.C. § 1091(c): functional marks are not registrable on
the Supplemental Register either.
17. Trade Dress Functionality
Utilitarian functionality
• essential to the use or purpose of the article OR
• affects the cost of the article OR
• affects the quality of the article (Inwood Labs)
Aesthetic functionality
• exclusive use of the feature would put competitors at a significant non-
reputation-related disadvantage (Qualitex)
• requires a finding of competitive need or customer desirability?
• aesthetic functionality ≠ ornamentality
De facto functionality = the mere existence of utility
De jure functionality = a superior degree of design utility (In re Morton-Norwich)
the product has a particular shape “because it works
better in this shape” (In re Smith)
18. Trade Dress Functionality
Non-exclusive factors for determining functionality:
• the existence of a utility patent that discloses the
utilitarian advantages of the design;
• advertising by the applicant that touts the utilitarian
advantages of the design;
• facts pertaining to the availability of alternative designs;
• facts pertaining to whether the design results from a
comparatively simple or inexpensive method of
manufacture.
In re Morton-Norwich Prods.
671 F.2d 1332, 1340-1341 (C.C.P.A. 1982)