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Design Law: A Manufacturer’s Delight (Update)

(105 reviews)

Produced on January 14, 2019

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Course Information

Time 94 minutes
Difficulty Advanced
Categories Art Law

Course Description

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 life.

Intellectual property attorneys typically specialize in one or two of the primary IP fields, but not all three. It is incumbent upon IP counsel for manufacturers to ensure that their clients know how and when to apply each kind of IP protection, especially during the product development stage. Flann Lippincott of Lippincott IP LLC directs this presentation to IP attorneys who can benefit from learning how the three IP regimes interact when applied to the design of articles of manufacture. She also will address how the recent U.S. Supreme Court case Star Athletica, LLC v. Varsity Brands, Inc. has impacted the utilitarian restriction on protecting articles of manufacture with copyright. Understanding the role of product functionality across disciplines is key to crafting a comprehensive strategy.

Flann incorporates her experience as a photographer, 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, Flann asks that viewers 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. Discuss how 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



Credit Information

This course is pre-approved for CLE credit in the following states. If your state is not listed, contact support for more information on how to receive credit

Faculty

Flann Lippincott

Lippincott IP

Flann is a transaction and litigation attorney with a professional background in art, design, science, and business. She blends these experiences with law to give her clients the legal tools that they need to achieve business success. Having acquired and defended her own trademarks, design patent, and contracts for her prior international consumer products company, Flann is sensitive to both the commercial and personal value of intellectual property to her clients.

Law Practice Areas

Copyright and trademark clearance, registration, management, protection, litigation| Design and Utility patents and Registered Community Designs | IP and design law planning and strategy| Commercial contract and licensing agreement drafting and litigation| Trademark Trial and Appeal Board opposition and cancellation proceedings| Licensed in New Jersey, the United States District Court for the District of New Jersey, and the U.S. Court of Appeals for the Third Circuit


Academics

Parsons School of Design, Part Time Lecturer, Bachelor of Business Administration, Business Regulations and Practices | Certificate Program in Design Entrepreneurship, Pratt Institute, Center for Sustainable Design Studies, Staying out of Trouble

Associations

Industrial Designers Society of America | Product Development Management Association | American Intellectual Property Law Association | American Bar Association Design Law Group

Education

B.A. Art History, Cornell University | M.S.J. Intellectual Property, magna cum laude, Seton Hall University School of Law | J.D. Rutgers University School of Law - Newark.



Reviews

RC
Robert Z C.

Great use of visuals to convey the materials.

PW
Paul W.

The presenter was very knowledgeable and organized.

WS
William S.

Excellent overview, thank you!

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