Design Law: A Manufacturer’s Delight

Design law is the strategic application of patent, trademark, and copyright law to the design of physical and digital articles of manufacture. Successful military, industrial, medical, and consumer product firms employ design law to protect their goods from infringement for the span of their commercial lives.

Intellectual property attorneys typically specialize in one or two of the primary IP fields, but not all three. Manufacturers should involve all of their IP attorneys during the product development stage because securing federal patent, trademark, or copyright registration is date-critical. Flann Lippincott, of Lippincott IP LLC, directs this presentation to IP attorneys who can benefit from understanding how the three IP specialties interact when applied to designs. Understanding the role of product functionality across disciplines is key to crafting a comprehensive long-term strategy.

Flann incorporates her experience as an industrial designer and entrepreneur into a visual presentation that informs by applying design law to two iconic products. Due to the broad scope of this presentation, this program is intended for viewers who already possess a basic knowledge of patent, trademark, and copyright law.

Learning Objectives: 

1. Recognize the economic importance of designs
2. Review the relevant statutes and case law for design patents, trademarks, and copyrights as applied to designs
3. Understand the way the three fields of law interact over time when applied to a design
4. Identify the tension between utilitarian and aesthetic concerns in design law
5. Counsel clients to take the long view and manage their patent, trademark and copyright assets accordingly