Law Seminars International Presents

Intellectual Property Law Association of Chicago

An Advanced One-Day Workshop on

Product Design and Packaging

Protection & Litigation

June 14, 2005
The Mid-America Club in Chicago, IL
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Who Should Order Homestudy

Attorneys, business leaders, marketing executives

Why Order

In many ways, indications of source such as trademarks and trade dress fuel our economy. Strong source indicators sell products and must be protected because they provide assurances of consistent quality and prestige. One of the best ways to attract the attention of consumers to a particular product is by the appearance of the product or its packaging. When a consumer can identify a product by means of a particular package design or the design of the product itself, the function of a strong source indicator is fulfilled. As sellers of products rely more heavily on product and package design in the marketing of products, new opportunities for infringement arise as imitators attempt to save development expenses and take a free ride on the goodwill presented by such designs and packages. This leads to disputes over the extent of an owner’s rights and whether another party’s packaging or product design comes too close to those rights. In this one-day workshop, some of our nation’s premier intellectual property experts address state-of-the-art issues in the acquisition, protection and exploitation of product design and packaging protection throughout the world. Program Co-Chairs - Dolores K. Hanna, Esq. and Edward Wierzbicki, Esq.

What You Will Learn

The Interplay and Tension Between Product Design and Packaging; Practical Tips for Broadening Intellectual Property Protection for Your Product Design and Packaging; Special Issues Relating to Web Sites; Product Design and Packaging Protection Abroad; Protection of Product Design and Packaging at the Border; Deciding Whether to Litigate

Agenda

Tuesday, June 14, 2005
8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Dolores K. Hanna, Esq., Program Co-Chair
 Bell, Boyd & Lloyd LLC / Chicago, IL
  Edward G. Wierzbicki, Esq., Program Co-Chair
 Loeb & Loeb LLP / Chicago, IL
8:45 am The Interplay and Tension Between Product Design and Packaging
  The current state of the law for product design and packaging
  Robert E. Browne, Esq.
 Neal, Gerber & Eisenberg LLP / Chicago, IL
  The Supreme Court Trade Dress Saga
  Richard W. Renner, Esq., Adjunct Professor of Law
 Chicago-Kent College of Law / Chicago, IL
10:15 am Break
10:30 am Practical Tips for Broadening Intellectual Property Protection for Your Product Design and Packaging
  Advantages and disadvantages of trademark, trade dress, trade secret, design patent and utility patent protection; copyright and advertising as ways to protect product design and packaging
  Kevin J. McDevitt, Esq.
 Neal & McDevitt, LLC / Northfield, IL
11:30 am Special Issues Relating to Web Sites
  What can you do about a competitor who steals the look and feel of your web site to mislead consumers? Dealing with the problem of cybersquatting
  Aimee M. Nolan, Esq., Senior Corporate Counsel
 W.W. Grainger, Inc. / Lake Forest, IL
12:15 pm Lunch (on your own)
1:30 pm Product Design and Packaging Protection Abroad
  Similarities and differences in approaches and level of protection abroad; choosing foreign trademark counsel and the U.S. lawyer's role in foreign litigation
  Edward G. Lance, IV, Esq., Corporate Counsel
 S.C. Johnson & Son, Inc. / Racine, WI
2:30 pm Protection of Product Design and Packaging at the Border
  Practical tips for taking advantage of tools and remedies to prevent importation of infringing goods; Customs: Agency capabilities, and priorities; identification of key actors at Customs; tips for developing more effective working relationships
  Keith M. Stolte, Esq.
 McDermott Will & Emery / Chicago, IL
3:15 pm Break
3:30 pm Deciding Whether to Litigate
  Business judgement: A panel of experts works through the process of monitoring and allocating enforcement dollars for product design & packaging infringement scenarios; planning overall litigation strategy; avenues of settlement options; licensing
  Alan L. Barry, Esq., Moderator
 Bell, Boyd & Lloyd LLC / Chicago, IL
  Paul R. Garcia, Esq.
 Kirkland & Ellis LLP / Chicago, IL
  David W. Grace, Esq.
 Loeb & Loeb LLP / Los Angeles, CA
  Edward G. Lance, IV, Esq., Corporate Counsel
 S.C. Johnson & Son, Inc. / Racine, WI
5:00 pm Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: IN CLE 6.5 | MO CLE 7.8 | OH CLE 6.5 | WI CLE 7.8

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $705. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Dolores K. Hanna, Program Co-Chair, an internationally known trademark attorney, serves as special trademark counsel in the Intellectual Property Department of Bell, Boyd & Lloyd LLC. Ms. Hanna concentrates her practice in trademark law and unfair competition and supervises the group in protection, enforcement and licensing issues and is active in counseling clients.

Edward G. Wierzbicki, Program Co-Chair, is a partner at Loeb & Loeb LLP. His practice encompasses litigation, trademark, copyright, unfair competition, advertising, e-commerce, rights of publicity and privacy, idea misappropriation and trade libel. Mr. Wierzbicki has litigated cases throughout the country, and he is a member of numerous Federal District and Appeals Courts and the United States Supreme Court.

Alan L. Barry, a member of Bell, Boyd & Lloyd LLC, leads the firm's Intellectual Property Litigation Group and serves on the firm's Executive Committee. He concentrates his practice on the litigation of intellectual property matters before U.S. District Courts and Courts of Appeal, the International Trade Commission, the American Arbitration Association and the U.S. Patent and Trademark Office. Mr. Barry has litigated patent, trademark, trade secret and copyright cases for some of the nation's most prominent Fortune 500 and Fortune 100 companies.

Robert E. Browne is a partner at Neal, Gerber & Eisenberg LLP where he co-chairs the Intellectual Property group. Mr. Browne represents clients in all aspects of patent, trademark, copyright and unfair competition law and related litigation before the federal district and appellate courts and the International Trade Commission, including obtaining temporary restraining orders and preliminary injunctions.

Paul R. Garcia is a partner at Kirkland & Ellis LLP. Mr. Garcia, a former Assistant U.S. Attorney, has substantial experience trying cases to federal juries and arguing cases in the federal courts of appeal. Mr. Garcia has first and second-chaired numerous jury and bench trials. Mr. Garcia focuses his trial practice on intellectual property matters in the areas of trademark, trade dress, false advertising, trade secret, copyright, and patents.

David W. Grace is a partner at Loeb & Loeb LLP and co-chair of the Intellectual Property Group. Mr. Grace's primary area of practice is the protection, acquisition, and licensing of trademarks, copyrights, publicity rights, and entertainment rights. He litigates trademark, unfair competition, copyright, right of publicity, Internet domain name, entertainment, advertising, and patent disputes.

Edward G.Lance IV is Corporate Counsel at S.C. Johnson & Son, Inc. where he handles trademark, advertising and regulatory matters for the North American and Asia/Pacific regions. Previously, Mr. Lance spent several years with Kirkland & Ellis LLP in the Intellectual Property Practice Group, concentrating on trademark, copyright, advertising and unfair competition matters, including, high-profile federal trade dress disputes, multi-million dollar transactions, and advertising claims disputes.

Edward G.Lance IV is Corporate Counsel at S.C. Johnson & Son, Inc. where he handles trademark, advertising and regulatory matters for the North American and Asia/Pacific regions. Previously, Mr. Lance spent several years with Kirkland & Ellis LLP in the Intellectual Property Practice Group, concentrating on trademark, copyright, advertising and unfair competition matters, including, high-profile federal trade dress disputes, multi-million dollar transactions, and advertising claims disputes.

Kevin J. McDevitt is Co-founder of Neal & McDevitt, LLC, specializing in intellectual property law. Mr. McDevitt's practice focuses on all aspects of trademark, copyright, unfair competition, advertising and promotions law, including counseling clients regarding the selection, adoption, use and protection of trademarks, the registration of copyrights and trademarks on a worldwide basis, licensing, advertising and promotions law compliance, and conflicts.

Aimee M. Nolan is a Senior Corporate Counsel at W. W. Grainger, Inc., a distributor of maintenance, repair and operating supplies with sales of $5 billion in 2004. Ms. Nolan is responsible for providing legal counsel concerning the intellectual property portfolio, and handles issues dealing with trademark, copyright, and domain name matters. She also practices in the areas of corporate law, bankruptcy, marketing, credit and collections, and commercial transactions.

Richard W. Renner is an Adjunct Professor of Law at Chicago-Kent College of Law, teaching courses in trademark and unfair competition law. Mr. Renner was formerly the chief intellectual property counsel for Anheuser-Busch Companies, Inc.

Keith M. Stolte is a partner at McDermott Will & Emery. Mr. Stolte is a member of the Intellectual Property Department, where his practice focuses on trademark, copyright, unfair competition and false advertising counseling, prosecution and litigation.  He also has engaged in significant patent litigation.