In mid-October, the Connecticut Tech Tribune invited several leading Intellectual Property attorneys to a panel discussion on legal issues affecting Connecticut’s technology firms. Halloran & Sage Commercial Litigation Partner Joseph G. Fortner, Jr.. participated in the two-hour roundtable discussion and an article featuring the highlights of the discussion appeared in the November, 2003 Connecticut Tech Tribune.
When asked by Connecticut TechTribune what are the current Intellectual Property issues for tech companies that are keeping attorneys busy, Fortner offered several thoughts. Focusing on one area, trade dress, he noted that:
“There remains a real question on the scope of trade dress (the look and feel of a product) with some of the more recent decisions from the Supreme Court. You’re going to get into the tussle on functionality whether in fact those features making it reliable, safe, et cetera, are functional. Because if they’re functional, then you won’t get trade dress protection.”