WH&E Attorneys Present on Constitutionality of Dual Protection

Feb 22, 2023 | Firm News

On February 21, 2023, our colleagues Ken Germain and Lou Sitler hosted a lively virtual discussion with our CincyIP community of IP practitioners on the topic of the Constitutional implications of the industry standard of “stacking” (concurrently or consecutively) IP protections for nonfunctional designs with both design patents and product design trade dress. Ken and Lou examined the origin, nature, and meaning of these two types of IP protections in the context of their two Constitutional bases—the Patent/Copyright Clause and the Commerce Clause—and provided thoughtful analysis concerning the Constitutional compatibility of these protections.

Ken Germain and Lou Sitler

Learn more about CincyIP and their presentation here:  Constitutionality of Dual Protection Under Design Patent And Trade Dress Regimes | CincyIP

Ken Germain and Lou Sitler

About the Speakers:

Ken Germain has more than 45 years of varied experience in the trademark/unfair competition field and is a former full-time law professor. He focuses his practice on expert witness work, consulting and litigation, including Early Neutral Evaluation. Ken often has been retained as an Expert Witness on issues relating to trademarks and unfair competition, working on cases involving some of the nation’s largest companies in high-stakes, cutting-edge cases. He has testified in court over 15 times.

Lou Sitler counsels clients on all aspects of intellectual property law, with a primary focus on patent matters including U.S., international, and foreign patent preparation and prosecution, as well as patentability, infringement, and clearance investigations. Lou has experience in a variety of technology areas with a primary focus on matters in the mechanical arts.

Wood Herron & Evans is a leading boutique intellectual property law firm composed of dedicated attorneys and support staff with a legacy of superior intellectual property legal services. We focus on building strong personal relationships while delivering a high return on value. Integrity and in-depth legal expertise, coupled with technical and business experience, are the hallmarks of our service. We offer individualized attention to all our clients. For trusted and experience guidance, contact us today at 888-564-4421.