Protecting Fluid Trademarks: Best Practices Uncovered! A 2015
Fluid Trademarks, or more correctly Dynamic Trademarks, provide a new way to brand products. Such trademarks incorporate different permutations of shape, color, or movement that enhance consumer recognition in the marketplace, but make difficult their protection as intellectual property.
The NBC peacock is one of the earliest such dynamic trademarks. Google uses hundreds of different images as a trademark to represent the company on its search engine. Such changes also present a trade-off between brand dynamism and integrity. Brand recognition helps to support dynamic trade marking in Google's case. Hence, generally, it is beneficial for large corporations, but not for smaller ones to use dynamic trademarks. In addition, if changes are too significant, it can depart from official registration of the mark and leave it open to contestation.
A panel of key thought leaders and practitioners assembled by The Knowledge Group will discuss Protecting Fluid Trade Marks and suggest Best Practices in protecting intellectual property under such trademarks.
Key issues include that will be covered in this course are:
- Fluid Trademarks – An Overview
- Traditional and Non-Traditional Marks
- Fluid Trademarks: Uniqueness
- Innovating Design Patent
- Rights in Registered Marks
- Copyright Law Protection
- Avoiding Random Acts of Fluidity
- Variations of Word Mark
- Essential Characteristics of Original Trademarks
- Infringement on Trade Marks
- Adopting A Signature Styles
- Potential Problem with Fluid Marks
- Possible Lawsuits
- Latest Regulatory Trends and Development
Rachel Kronman, Attorney
Frankfurt Kurnit Klein & Selz, PC
- Fluid trademarks explained;
- Examples of fluid trademarks;
- Traditional and non-traditional trademarks;
- US practice on protecting fluid trademarks
John McKeown, Counsel
Goldman Sloan Nash & Haber LLP
- Fluid trademarks and traditional branding theories;
- Challenges to using fluid trademarks;
- When do fluid trademarks work best?;
- Protecting fluid trademarks.
Who Should Attend:
- Copyright Lawyers
- Design Patent Attorneys
- Trademark Lawyers
- IP and Related Attorneys
- Patent Licensing Attorneys
- IP and Copyright Consultants
- Patent Litigators
- Marketing and Advertising Professionals
- Brand Managers
- Private and Public Companies
- Other Related/Interested Professionals and Organizations
Rachel Kronman is an attorney in the Intellectual Property and Trademark and Brand Management Groups at Frankfurt Kurnit. She represents clients at all levels in a variety of industries including fashion, entertainment, media, technology, wearable tech, advertising, hospitality, design and transportation, among others. Rachel has special expertise in brand-building and brand protection and she was recently profiled as a thought leader in brand protection. She is experienced in all aspects of domestic and international trademark law. Rachel works with clients to create unique brands and protection and enforcement policies; she regularly advises on a wide range of trademark matters including registration, licensing, enforcement, social media and Internet issues. She is a frequent speaker on trademark topics. For the past two years, Rachel has been recognized as a Super Lawyer Rising Star in Intellectual Property.
Rachel Kronman is an attorney in the Intellectual Property and Trademark and Brand Management Groups at Frankfurt Kurnit. She represents …
John focuses on providing advocacy and advice concerning intellectual property and related matters, including protecting trade marks, copyrights, patents, confidential information and misleading advertising claims under the Competition Act. He is certified by the Law Society of Upper Canada as a specialist in Intellectual Property Law (Trade Marks/Copyright). He is currently the Chair of the Canadian Bar Association Trademarks Committee.
John is the author of Fox, Canadian Law of Copyright and Industrial Designs (3rd Edition, 2000; 4th Edition, 2003), the leading copyright textbook in Canada. The 4th edition has been released in a loose leaf format. John and the text have been referred to by both the Supreme Court of Canada and the Federal Court of Appeal as an authoritative source.
John is also the author of two textbooks dealing with trademarks, Brand Management in Canadian Law (1st Edition, 2004; 2nd Edition, 2006; 3rd Edition, 2010) and Canadian Intellectual Property Law and Strategy: Trademarks, Copyright and Industrial Designs. (Currently a new edition is published each year.)
John focuses on providing advocacy and advice concerning intellectual property and related matters, including protecting trade marks, copyrights, patents, confidential …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
NY Category of CLE Credit:
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About Frankfurt Kurnit Klein & Selz, PC
Frankfurt Kurnit is a full-service firm, providing the highest quality legal services to clients in a wide range of industries and disciplines worldwide. Frankfurt Kurnit’s extraordinary commitment to its clients has earned it a place on The National Law Journal's "Midsize Hot List." The Legal 500 describes Frankfurt Kurnit as "true experts at the top of their game" and Chambers USA praises it as a "market leader." In addition to advising clients on entertainment, advertising, and intellectual property matters, Frankfurt Kurnit has equally strong practices in commercial, media, and intellectual property litigation, white collar criminal defense, corporate and tax law, charitable organizations, trusts and estates, legal ethics, and real estate. By combining deep industry knowledge across a diverse group of lawyers and practice groups, Frankfurt Kurnit brings a unique, client-focused approach to helping clients achieve their goals.
About Goldman Sloan Nash & Haber LLP
For more than 35 years, Goldman Sloan Nash & Haber (GSNH) LLP has helped leading businesses, entrepreneurs and individuals successfully navigate the maze of corporate & commercial law to help protect and grow their businesses. Our mid-sized law firm is based in downtown Toronto, Ontario, Canada and provides advice across all major practice areas including Intellectual Property. As a mid-sized law firm, we are committed to providing the personalized service of a boutique law firm with the sophistication of a larger law firm.