Kilpatrick’s Megan Bussey , Justin Eurek , and Calla Yee recently led a session at the 21st annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trademark and Patent Rights: Better Together—How to Strengthen Your IP Protection.” This session provided strategic recommendations on protecting intellectual property by leveraging the combined benefits of trademark and patent rights, including trade dress and design patent protection. The attorneys addressed challenges associated with such combined protection and highlight common pitfalls to avoid.
Key takeaways from the presentation include:
1. Design patents aim to protect the ornamental appearance of an article of manufacture. Whereas trade dress protects distinctive product packaging and configuration of the