Publications and Presentations
Attorney Marc Misthal Publishes Article in New York Law Journal on Nontraditional Trademarks in Fashion Industry
Marc P. Misthal, a principal attorney in the Intellectual Property Practice Group at Offit Kurman, has published a compelling article in the New York Law Journal titled "Beyond the Brand Name: Why Nontraditional Trademarks Should be in Fashion." In the article, Marc explores the critical role that unique product features and signature designs play in brand identity and how they can be protected through nontraditional trademarks, particularly in the fashion industry, educating the readers about this important aspect of the industry.
"Brand identity extends far beyond just a name. Protecting your brand's unique elements is not just a defensive measure—it's a strategic asset," Marc writes, emphasizing the importance of these protections in an era of rampant counterfeiting.
Marc's article emphasizes the importance of extending brand protection beyond just a name. He explains how distinctive elements such as colors, product configurations, and packaging can be registered as trademarks, offering brands a powerful tool to combat counterfeits and protect their market position. He also outlines the challenges of securing these trademarks, particularly in international markets, and the strategic advantages they offer once obtained.
With his extensive experience in trademark, trade dress, and copyright litigation, Marc's insights are not just relevant, but also a source of confidence for fashion brands and other industries looking to safeguard their unique identity in a competitive marketplace.
To read the full article, please click here.
