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Brooke Erdos Singer is a partner in the Intellectual Property and Advertising, Marketing & Promotions Practice Groups of Davis & Gilbert.  Ms. Singer represents numerous multinational and national advertising and marketing agencies, as well as fashion, beauty, entertainment and media companies in connection with trademark, copyright, advertising and corporate intellectual property matters.

Ms. Singer is experienced in all aspects of branding, including the clearance and prosecution of trademarks and advertising slogans, counseling regarding proper use of marks, and brand protection and enforcement strategies. Her practice also includes the review of advertising copy for trademark, copyright, rights of publicity and privacy and claim substantiation issues. This combination has given Ms. Singer a unique understanding of the interplay between advertising and branding, enabling her to effectively partner with her clients to avoid potential issues and devise creative solutions.

Ms. Singer also advises manufacturers, distributors and retailers of cosmetics and over-the-counter drugs on regulatory issues, including reviewing labeling, advertising and packaging. Her transactional experience includes drafting and negotiating a wide array of agreements, including license agreements, distribution agreements, agency/client service agreements, and conflict settlement agreements.

SPEAKING ENGAGEMENTS

"Dolphin Tank NYC: Fashion Tech," Springboard Enterprises, September 14, 2017

"Retail Technology Agreements and Branding: What You Need To Know," XRC Labs, July 24, 2017

"Branding: Staying True to Your Brand While Innovating," TrendSeeder and Davis & Gilbert LLP Present FashionSense 360, September 22, 2016

"Protecting your Fashion Brand: Social Media, Patents, Copyrights and Trademarks," Volunteer Lawyers for the Arts Fashion Panel, September 13, 2016

"Advertising and Social Media Compliance Realities," International Trademark Association’s 2016 Annual Meeting, May 21-25, 2016

"Crossing the Line? Emerging Trends in Native Advertising," New York State Bar Association's Advertising Law Committee CLE Program, March 12, 2015

"Advertising and Social Media Compliance Realities," New York State Bar Association’s Intellectual Property Law Section Annual Meeting, January 27, 2015

Program Co-Chair, New York State Bar Association Intellectual Property Law Section Fall Meeting, October 23-26, 2014

Program Co-Chair, New York State Bar Association Cyber Liability Intellectual Property/Corporate Counsel Spring Program, April 3, 2014 

"Top Ten IP Cases of 2013," New York State Bar Association Intellectual Property Law Section Annual Meeting, January 28, 2014

"Proper Use of Trademarks in Advertising and Product Packaging," International Trademark Association Roundtable, July 20, 2011

Women in Intellectual Property Law,” New York State Bar Association, June 11, 2008

PUBLICATIONS

Co-Author, "Using Third Parties’ Trademarks: Unpacking Commerciality, Competition, and Confusion," NYSBA Bright Ideas, Spring 2017

Co-Author, "'Nominative Fair Use' Defense May Enable Use of Another's Trademark," 2017 Trends in Marketing Communications Law

Co-Author, "FDA Continues Crackdown on Cosmetics Marketing Claims, and Microbead Ban Begins," 2017 Trends in Marketing Communications Law

Co-Author, "Implications of Brexit on Trademarks in the EU," D&G Intellectual Property Alert, July 2016

Co-Author, "FDA Issues Menu-Labeling Guide for Restaurants," D&G Advertising, Marketing & Promotions Alert, May 2016

Co-Author, "Courts and USPTO Analyze Hashtags, with Varying Results," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "FDA Scrutinizes Cosmetics Claims, Continues to Evaluate Imports," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "The Supreme Court Comes Out Swinging in 2015 With Important Trademark Decision," D&G Intellectual Property Litigation Alert, March 2015

Co-Author, "FDA Continues to Scrutinize Imports and Issues Long-Awaited Social Media Guidelines," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "Marketing, Advertising, and Promotion," a chapter in Fashion Law: A Guide for Designers, Fashion Executives and Attorneys, published by Fairchild Books, 2014

Co-Author, "Dumb Starbucks: Grande Parody or Trademark Infringement?" Law360.com, March 18, 2014

Co-Author, "Michael Jordan Scores on Appeal in Lawsuit Over Congratulatory Ad," D&G Advertising, Marketing & Promotions Alert, March 2014

Co-Author, "Increasingly Conservative FDA Poses Challenges For Pharmaceutical Companies And Agencies," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Co-Author, "Information or Deception? Recent Regulatory Efforts to Help Consumers Identify Advertising in the Digital World," Bright Ideas, Winter 2013

Co-Author, "Supreme Court's Copyright Decision Gives a Boost to Gray Market Retailers," D&G Advertising, Marketing & Promotions Alert, April 2013

Co-Author, "Good For The Sole: Appeals Court Says Single Color Can Be Protectable as a Trademark," D&G Intellectual Property Alert, September 2012

Co-Author, "Non-Traditional Advertising During Economic Turbulence," New York Law Journal, June 11, 2009

Co-Author, "Ours Works Better: Use of a Competitor’s Trademark in Advertising," The Metropolitan Corporate Counsel, October 2004

PRESS

Quoted, IP Watchdog, "Industry Reaction to SCOTUS First Amendment Decision in Matal v. Tam," June 20, 2017

Quoted, IP Magazine, "Reaction: Matal v Tam Will 'Open Doors' to Free Speech Challenges," June 20, 2017

Quoted, The Trademark Lawyer, "How Technology Impacts Brands," May 1, 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
International Trademark Association
New York State Bar Association, Intellectual Property Section, Advertising Law Committee Co-Chair

 

BAR ADMISSIONS

New Jersey
U.S. District Court, District of New Jersey

EDUCATION

University of Denver College of Law, J.D., 1995
Fellowship, Center for Public Policy and Contemporary Issues, 1993-1995
University of Denver, B.A., with honors, 1992


SPEAKING ENGAGEMENTS

"Dolphin Tank NYC: Fashion Tech," Springboard Enterprises, September 14, 2017

"Retail Technology Agreements and Branding: What You Need To Know," XRC Labs, July 24, 2017

"Branding: Staying True to Your Brand While Innovating," TrendSeeder and Davis & Gilbert LLP Present FashionSense 360, September 22, 2016

"Protecting your Fashion Brand: Social Media, Patents, Copyrights and Trademarks," Volunteer Lawyers for the Arts Fashion Panel, September 13, 2016

"Advertising and Social Media Compliance Realities," International Trademark Association’s 2016 Annual Meeting, May 21-25, 2016

"Crossing the Line? Emerging Trends in Native Advertising," New York State Bar Association's Advertising Law Committee CLE Program, March 12, 2015

"Advertising and Social Media Compliance Realities," New York State Bar Association’s Intellectual Property Law Section Annual Meeting, January 27, 2015

Program Co-Chair, New York State Bar Association Intellectual Property Law Section Fall Meeting, October 23-26, 2014

Program Co-Chair, New York State Bar Association Cyber Liability Intellectual Property/Corporate Counsel Spring Program, April 3, 2014 

"Top Ten IP Cases of 2013," New York State Bar Association Intellectual Property Law Section Annual Meeting, January 28, 2014

"Proper Use of Trademarks in Advertising and Product Packaging," International Trademark Association Roundtable, July 20, 2011

Women in Intellectual Property Law,” New York State Bar Association, June 11, 2008

PUBLICATIONS

Co-Author, "Using Third Parties’ Trademarks: Unpacking Commerciality, Competition, and Confusion," NYSBA Bright Ideas, Spring 2017

Co-Author, "'Nominative Fair Use' Defense May Enable Use of Another's Trademark," 2017 Trends in Marketing Communications Law

Co-Author, "FDA Continues Crackdown on Cosmetics Marketing Claims, and Microbead Ban Begins," 2017 Trends in Marketing Communications Law

Co-Author, "Implications of Brexit on Trademarks in the EU," D&G Intellectual Property Alert, July 2016

Co-Author, "FDA Issues Menu-Labeling Guide for Restaurants," D&G Advertising, Marketing & Promotions Alert, May 2016

Co-Author, "Courts and USPTO Analyze Hashtags, with Varying Results," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "FDA Scrutinizes Cosmetics Claims, Continues to Evaluate Imports," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "The Supreme Court Comes Out Swinging in 2015 With Important Trademark Decision," D&G Intellectual Property Litigation Alert, March 2015

Co-Author, "FDA Continues to Scrutinize Imports and Issues Long-Awaited Social Media Guidelines," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "Marketing, Advertising, and Promotion," a chapter in Fashion Law: A Guide for Designers, Fashion Executives and Attorneys, published by Fairchild Books, 2014

Co-Author, "Dumb Starbucks: Grande Parody or Trademark Infringement?" Law360.com, March 18, 2014

Co-Author, "Michael Jordan Scores on Appeal in Lawsuit Over Congratulatory Ad," D&G Advertising, Marketing & Promotions Alert, March 2014

Co-Author, "Increasingly Conservative FDA Poses Challenges For Pharmaceutical Companies And Agencies," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Co-Author, "Information or Deception? Recent Regulatory Efforts to Help Consumers Identify Advertising in the Digital World," Bright Ideas, Winter 2013

Co-Author, "Supreme Court's Copyright Decision Gives a Boost to Gray Market Retailers," D&G Advertising, Marketing & Promotions Alert, April 2013

Co-Author, "Good For The Sole: Appeals Court Says Single Color Can Be Protectable as a Trademark," D&G Intellectual Property Alert, September 2012

Co-Author, "Non-Traditional Advertising During Economic Turbulence," New York Law Journal, June 11, 2009

Co-Author, "Ours Works Better: Use of a Competitor’s Trademark in Advertising," The Metropolitan Corporate Counsel, October 2004

PRESS

Quoted, IP Watchdog, "Industry Reaction to SCOTUS First Amendment Decision in Matal v. Tam," June 20, 2017

Quoted, IP Magazine, "Reaction: Matal v Tam Will 'Open Doors' to Free Speech Challenges," June 20, 2017

Quoted, The Trademark Lawyer, "How Technology Impacts Brands," May 1, 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
International Trademark Association
New York State Bar Association, Intellectual Property Section, Advertising Law Committee Co-Chair

 

BAR ADMISSIONS

New Jersey
U.S. District Court, District of New Jersey

EDUCATION

University of Denver College of Law, J.D., 1995
Fellowship, Center for Public Policy and Contemporary Issues, 1993-1995
University of Denver, B.A., with honors, 1992