Constitutionality of Dual Protection Under Design Patent And Trade Dress Regimes

Ken Germain (left) and Lou Sitler (right) of Wood, Herron & Evans LLP

Please join us on February 21, 2023, for our next Webinar event. We anticipate 1.00 General CLE credit in Ohio for this event.

Our speakers will be Ken Germain and Lou Sitler of Wood, Herron & Evans LLP. Ken and Lou will explore the industry standard of “stacking” (concurrently or consecutively) design patents and product design trade dress to protect nonfunctional designs—and its potential Constitutional implications. In particular, Ken and Lou will carefully examine 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 will provide thoughtful analysis concerning the Constitutional compatibility of these protections, especially in view of the concept of Superfluity. 

This webinar will be 60 minutes and will share information on how intellectual property attorneys may challenge the Constitutionality of the industry standard of protecting nonfunctional designs with both design patents and product design trade dress.

Registration is: 

  • free for CincyIP members, 
  • free for students and academics, and 
  • $15.00 for non-members. 

Register here by February 17th at 5:00 PM.

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. 

Attorneys Fulfilling Their Obligation to Provide Pro Bono Services

Please join us on November 15, 2022 for our next event. This event is a webinar. We anticipate 1.25 Professionalism CLE credit in Ohio for this event. 

We expect our speakers to be from the U.S. Patent and Trademark Office’s Patent Pro Bono Program and the Pro Bono Partnership of Ohio.  This webinar will be 75 minutes and will share information on how intellectual property attorneys can participate in pro bono opportunities that engage their specialized areas of practice.

Registration is 

  • free for CincyIP members, 
  • free for students and academics, and 
  • $15.00 for non-members. 

Register here.

Trademark-Based Disputes Over Internet Domain Names

Jesse Jenike-Godshalk, Thompson Hine LLP

Please join us on September 27, 2022 for our next event. As with the previous events in July and August, this event will be in-person! We anticipate 1.00 General CLE credit in Ohio for this event.

Our presenter will be Jesse Jenike-Godshalk a partner from Thompson Hine LLP. Mr. Jenike-Godshalk will present on Trademark-Based Disputes over Internet Domain Names. 

This presentation will give insights and guidance for intellectual property attorneys of all practice areas. Particularly, Mr. Jenike-Godshalk will present a general overview of domain name disputes and the intersection between trademark infringement and the Internet. He will examine how domain name disputes are handled under the UDRP, including the nuts and bolts of filing a complaint and navigating the dispute process. Mr. Jenike-Godshalk will also provide practical tips on policing domain names for trademark infringement and taking action against cyber squatters.  

This event will include 60 minutes of presentation, and the event space will be booked for additional time for informal networking. Lunch will be provided.

The event will take place at:

The Backstage Event Center, 625 Walnut St.

Registration is 

  • $30.00 for CincyIP members, 
  • free for students and academics, and 
  • $50.00 for non-members. 

Payment may be made by check or cash, with checks being made out to CINCYIP. You can also pay for registration by PayPal through the Registration link below.

Register here.

About the Speaker:

Jesse Jenike-Godshalk is a partner with Thompson Hine LLP, based in their Cincinnati office. Jesse helps clients with intellectual property disputes involving brands, logos, inventions and other creative works. He has substantial experience advising on IP disputes, sending and responding to demand letters, representing clients in informal dispute resolution processes, such as mediation, and pursuing and defending lawsuits. He works with all types of intellectual property, including patents, trademarks, copyrights, and trade secrets.