Video: Linda Joy Kattwinkel and Shel Perkins
My Trademark Can Beat Up Your Trademark
Filmed on October 12, 2013, at “Head, Heart, Hand: AIGA Design Conference”
About this video
We’re in the business of creating successful identities and helping our clients to build strong brands. However—quite honestly—not all trademarks are created equal. This video examines the essential elements that make an identity strong or weak from a legal standpoint. It also discusses strategies for avoiding infringement and defending trademarks in a crowded and competitive marketplace, as well as the limited situations in which the laws of fair use and parody allow trademarks to be copied.
Linda Joy Kattwinkel, Esq. has been a visual artist for more than 40 years and an attorney and mediator for the arts community for more than 20 years. She received her B.F.A. cum laude in communications arts from Virginia Commonwealth University, where she studied with Philip Meggs. She was a graphic designer and illustrator for 13 years before receiving her law degree cum laude from Hastings College of the Law in 1991. As a member of the law firm Owen, Wickersham & Erickson, Kattwinkel represents designers and visual artists in matters of intellectual property and arts law, such as copyright and trademark protection, infringement, licensing and gallery contracts. She is the author of “Legalities,” an online column on legal issues for designers. With Shel Perkins, she co-authored AIGA’s Standard Form of Agreement for Design Services. She speaks frequently to lawyers and designers on arts law, including speaking engagements at several AIGA national conferences.
Shel Perkins is a graphic designer, management consultant and educator with more than twenty years of experience in managing the operations of leading design firms in the U.S. and the United Kingdom. He provides management consulting services to a range of creative firms in both traditional and new media. He has written the “Professional Practice” column for STEP magazine, the Design Business newsletter for AIGA and the “Design Firm Management” column for Graphics.com. The revised and expanded second edition of his best-selling book, Talent Is Not Enough: Business Secrets For Designers, is available from New Riders. Perkins teaches graduate-level courses in professional practices, and he has given presentations and workshops for many organizations, including IDSA, SEGD, HOW, ACD, Dynamic Graphics, STEP, Seybold, APDF, PromaxBDA, InSource, RGD Ontario and the Graphic Artists Guild. He has served on the national boards of AIGA and the Association of Professional Design Firms. He is currently chairman of the AIGA Center for Practice Management.