3d printing - markmonitor · trade dress: pros need registration for take down notices...
TRANSCRIPT
Jeffrey G. Sheldon Partner
Leech Tishman Fuscaldo & Lampl LLP
3D Printing: Addressing the New Dimension in
Brand and IP Infringement
Thomas J. Peistrup General Counsel
Tre Milano, LLC
Brittany Shaw Strategic Services Manager
MarkMonitor
Agenda
3D Printing Landscape
Adoption: Enterprise and Consumer
Impact on IP: Panel Discussion with Our Legal Experts
Recommendations and Best Practices
3D Printing Landscape
The Growth of 3D Printing
GROWING MARKET ACROSS INDUSTRIES
GLOBAL 3D PRINTING MARKET
Consumer Products
Defense
Healthcare
Education & Research
Industrial Products
Aerospace
Automotive
Others
Source: Research and Markets: Global 3D Printing Market
Polymers
Metals
Ceramics
Other
MATERIALS USED
The Growth of 3D Printing
Efficient use of material
Reduction in human error
Customization of products
Innovation opportunities
Reduces development time
DRIVERS
Higher cost for individual user
3D printing software is expensive
Lack of channel partner assistance
Size of output generated
RESTRAINTS
Source: Research and Markets: Global 3D Printing Market
Moving into the Mainstream
Adoption
Enterprise Adoption
Enterprise adoption is still experimental
Companies are using 3D printing to accelerate product development
Gartner predicts that 3D printing for prototyping will continue to accelerate over next two years
Consumer Adoption
Consumer 3D printing is 5-10 years away from mainstream adoption
3D printers and printing software is still expensive, hindering wide adoption
But prices are falling: Siemens predicts 3D printing will become 50% cheaper and 4x faster in next five years
Impact of 3D Printing on Infringement and Counterfeits
Join Our Legal Experts
Jeffrey G. Sheldon Thomas J. Peistrup
3D Printing Impact on IP
Source: ntldstats.com Source: ntldstats.com
Source: ntldstats.com
$100 Billion: Estimated IP loss due to 3D printing by 2018 according to Gartner
Affects industries across the board: defense, automotive, healthcare, consumer, general manufacturing, supply chain
Optimal Legal Strategy
Source: ntldstats.com Source: ntldstats.com
Source: ntldstats.com
Start with the Product Design: Design product to obtain protection (example: add aesthetic non-functional elements)
Seek all protection applicable
Monitor the web to look for counterfeits
Types of Legal Protection Available
Source: ntldstats.com Source: ntldstats.com
Source: ntldstats.com
Copyright
Utility Patent
Design Patent
Trade Dress (Trademark)
Legal Protection: Copyright
Source: ntldstats.com Source: ntldstats.com
Source: ntldstats.com
Automatic
Cheap to register
Infringement easy to detect
Easy takedown notices
Good remedies – register and notice
Long life
Recordation with U.S. Customs
COPYRIGHT: PROS
Limited protection for useful articles
Product needs copyrightable element
COPYRIGHT: CONS
Some products are more suited to copyright protection than others
Legal Protection: Utility Patent
Source: ntldstats.com Source: ntldstats.com
Source: ntldstats.com
Covers structure and use
Can issue quickly
Easy to get foreign innovation patents
UTILITY PATENT: PROS
Rarely enforceable with takedown notices
Usually need to buy product
Expensive to get
Damages tough to prove
Expensive to enforce
Many defenses / potential invalidation
UTILITY PATENT: CONS
Some products are better protected than others with a utility patent (example: hip replacement )
Legal Protection: Design Patents
Source: ntldstats.com Source: ntldstats.com
Source: ntldstats.com
Moderate expense
Can obtain quickly
Infringement easy to detect
Damages – defendant’s profits
DESIGN PATENTS: PROS
Limited protection for useful articles
Product needs aesthetic element
DESIGN PATENTS: CONS Design patents are effective for some type of products compared to others
Legal Protection: Trade Dress
Source: ntldstats.com Source: ntldstats.com
Source: ntldstats.com
Infringement easy to show
Moderate expense
Typically enforceable through takedown notices
Last forever
Recordation with U.S. Customs
TRADE DRESS: PROS
Need registration for take down notices
Non-functional features
Need to show secondary meaning
Slow to get protection
TRADE DRESS: CONS Trade dress can be useful for protecting only some type of products
Converse Shoes. U.S.
Reg. 4,398,753
… The mark consists of
the design of the two
stripes on the midsole of
the shoe, the design of
the toe cap, …
Recommendations &
Best Practices
3D Marketplaces
Source: ntldstats.com Source: ntldstats.com
Source: ntldstats.com
Trademark abuse is already prevalent on 3D printing marketplaces
Proactive IP Protection Approach
Source: ntldstats.com Source: ntldstats.com
Source: ntldstats.com
Unique Data Sources
Source: ntldstats.com Source: ntldstats.com
Source: ntldstats.com
Understand the scope of the
problem to make
Informed Business
Decisions
Gain access to unique
data sources to
Prioritize Targets
Apply industries best practices
& benchmarks to drive
Actionable Insight
PROPRIETARY
TECHNOLOGY
STRATEGIC
PARTNERSHIPS
BRAND
PROTECTION
EXPERTS
Thank You!
For information on MarkMonitor solutions, services and complimentary educational events:
Contact via email:
Visit our website: www.markmonitor.com
Contact via phone: US: 1 (800) 745 9229
Europe: +44 (0) 203 206 2220
Contact our Speakers:
Jeffrey Sheldon
(626) 676-1201
Thomas Peistrup
(310) 435-3794