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Aaron Taylor is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports; Intellectual Property and Digital Media, Technology & Privacy Practice Groups of Davis & Gilbert.

Mr. Taylor has broad experience in a range of intellectual property and media matters, including copyright, trademark, right of publicity and false advertising issues. Specifically, his practice involves counseling clients regarding the development and execution of multimedia advertising campaigns, challenging and defending cases before the National Advertising Division (NAD) of the Council of Better Business Bureaus, and assisting clients in other litigation and regulatory proceedings that arise in the advertising/intellectual property arena. Mr. Taylor also represents various publishers and retailers in domain name proceedings before the World Intellectual Property Organization.

In addition, Mr. Taylor was recognized as a “Recommended Attorney” (2018 and 2019) and a “Next Generation Partner” in (2017-2021) in the area of advertising and marketing by The Legal 500 United States.

Prior to joining Davis & Gilbert, Mr. Taylor was an intellectual property attorney at Weil, Gotshal & Manges LLP.

REPRESENTATIVE ENGAGEMENTS

  • Successfully represented one of the world's leading cosmetics companies in a National Advertising Review Board (NARB) appeal that overturned the NAD’s decision that the company’s clinical study was not sufficiently reliable and could not support the company’s product performance claims. The NARB decision ensured that the company could continue to tout the results of its clinical study and promote its product’s impressive benefits.
  • Represented a leading telecommunications company in an NAD challenge and NARB appeal regarding a competitor’s network dependability claims. Both the NAD and the NARB concluded that the competitor’s claims were unsupported and should be discontinued.
  • Defended a multinational technology company in an NAD challenge regarding various environmental claims, including claims that the company’s products were the "greenest." The NAD confirmed that the company's claims were substantiated and commended the company for its commitment to the environment.
  • Defended a leading printer manufacturer in an NAD challenge regarding advertising for the company’s cartridge-free printers. The NAD determined that the manufacturer’s cost-savings messages and implied environmental claims were substantiated.
  • Defended a leading sports helmet manufacturer in an NAD challenge brought by a competitor regarding various performance and superiority claims. The NAD concluded that many of the manufacturer's performance claims were substantiated and that the manufacturer's equipment provided superior protection.
  • Represented one of the world's leading cosmetics companies in an NAD challenge regarding a competitor’s product demonstrations and performance claims. The NAD concluded that the competitor’s claims and demonstrations were unfounded and ordered that the challenged claims be discontinued, resulting in extensive revisions to the competitor’s advertising and product packaging.
  • Defended a leading manufacturer of UV disinfection devices in an NAD compliance proceeding brought by a competitor. The NAD determined that the challenged claims were different than the claims at issue in the underlying proceeding and closed the compliance proceeding without requesting further action.
  • Successfully represented a leading television and Internet service provider in an NAD challenge regarding a competitor’s speed, performance and picture quality claims. A subsequent compliance proceeding ensured that the competitor’s unsupported claims were promptly discontinued.

SPEAKING ENGAGEMENTS

"Advertising Claims 101: The Building Blocks of a Successfully Substantiated Advertising Campaign," ACI's 3rd Annual Advertising Claims Substantiation Conference, January 28-30, 2020

"Once Upon a Time in Hollywood; Marketing Law Issues for Entertainment Companies," 41st Annual Brand Activation Association Marketing Law Conference, November 4-6, 2019

"The Regulators – FTC, State AG, Local and NAD – What’s New and What’s Next," Davis & Gilbert Counsel 2U®: Marketing & Advertising Seminar, October 23, 2019

"Influencer Marketing & the FTC Endorsement Guides," New York City Bar Association's Marketing and Advertising Law in a Rapidly Changing Social/Digital Media Environment, May 10, 2019

"2018 NAD Cases: Top Ten Tips & Takeaways," 40th Annual Brand Activation Association Marketing Law Conference, November 7-9, 2018

"Influencer Marketing & the FTC Endorsement Guides," New York City Bar Association's Sweepstakes, Promotions & Marketing Laws: Comprehension & Compliance in a Digital/Mobile Environment, May 11, 2018

"Third Party Rights: Brand Licensing Network Clearances and Complex Rights Acquisitions," 39th Annual Brand Activation Association Marketing Law Conference, November 13-15, 2017

PUBLICATIONS

Co-Author, “The NAD’s Need for Speed,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, “Alcoholic Beverages: Engaging With Consumers From a Distance,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, "'Hidden' Online Ticketing Fees Come Under Scrutiny," Ad Age, July 24, 2019

Co-Author, "The NAD Exposes Hidden Fees," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "The NAD Takes on Health and Fitness Fads (and a Few Kardashians in the Process)," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Self-Regulation Meets Self-Mediation," Trends in Marketing Communications Law (4th Edition), 2017

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

NY State Bar Association
American Bar Association

BAR ADMISSIONS

New York

EDUCATION

Cornell Law School, J.D., 2003
Haverford College, B.A., 1998


REPRESENTATIVE ENGAGEMENTS

  • Successfully represented one of the world's leading cosmetics companies in a National Advertising Review Board (NARB) appeal that overturned the NAD’s decision that the company’s clinical study was not sufficiently reliable and could not support the company’s product performance claims. The NARB decision ensured that the company could continue to tout the results of its clinical study and promote its product’s impressive benefits.
  • Represented a leading telecommunications company in an NAD challenge and NARB appeal regarding a competitor’s network dependability claims. Both the NAD and the NARB concluded that the competitor’s claims were unsupported and should be discontinued.
  • Defended a multinational technology company in an NAD challenge regarding various environmental claims, including claims that the company’s products were the "greenest." The NAD confirmed that the company's claims were substantiated and commended the company for its commitment to the environment.
  • Defended a leading printer manufacturer in an NAD challenge regarding advertising for the company’s cartridge-free printers. The NAD determined that the manufacturer’s cost-savings messages and implied environmental claims were substantiated.
  • Defended a leading sports helmet manufacturer in an NAD challenge brought by a competitor regarding various performance and superiority claims. The NAD concluded that many of the manufacturer's performance claims were substantiated and that the manufacturer's equipment provided superior protection.
  • Represented one of the world's leading cosmetics companies in an NAD challenge regarding a competitor’s product demonstrations and performance claims. The NAD concluded that the competitor’s claims and demonstrations were unfounded and ordered that the challenged claims be discontinued, resulting in extensive revisions to the competitor’s advertising and product packaging.
  • Defended a leading manufacturer of UV disinfection devices in an NAD compliance proceeding brought by a competitor. The NAD determined that the challenged claims were different than the claims at issue in the underlying proceeding and closed the compliance proceeding without requesting further action.
  • Successfully represented a leading television and Internet service provider in an NAD challenge regarding a competitor’s speed, performance and picture quality claims. A subsequent compliance proceeding ensured that the competitor’s unsupported claims were promptly discontinued.

SPEAKING ENGAGEMENTS

"Advertising Claims 101: The Building Blocks of a Successfully Substantiated Advertising Campaign," ACI's 3rd Annual Advertising Claims Substantiation Conference, January 28-30, 2020

"Once Upon a Time in Hollywood; Marketing Law Issues for Entertainment Companies," 41st Annual Brand Activation Association Marketing Law Conference, November 4-6, 2019

"The Regulators – FTC, State AG, Local and NAD – What’s New and What’s Next," Davis & Gilbert Counsel 2U®: Marketing & Advertising Seminar, October 23, 2019

"Influencer Marketing & the FTC Endorsement Guides," New York City Bar Association's Marketing and Advertising Law in a Rapidly Changing Social/Digital Media Environment, May 10, 2019

"2018 NAD Cases: Top Ten Tips & Takeaways," 40th Annual Brand Activation Association Marketing Law Conference, November 7-9, 2018

"Influencer Marketing & the FTC Endorsement Guides," New York City Bar Association's Sweepstakes, Promotions & Marketing Laws: Comprehension & Compliance in a Digital/Mobile Environment, May 11, 2018

"Third Party Rights: Brand Licensing Network Clearances and Complex Rights Acquisitions," 39th Annual Brand Activation Association Marketing Law Conference, November 13-15, 2017

PUBLICATIONS

Co-Author, “The NAD’s Need for Speed,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, “Alcoholic Beverages: Engaging With Consumers From a Distance,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, "'Hidden' Online Ticketing Fees Come Under Scrutiny," Ad Age, July 24, 2019

Co-Author, "The NAD Exposes Hidden Fees," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "The NAD Takes on Health and Fitness Fads (and a Few Kardashians in the Process)," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Self-Regulation Meets Self-Mediation," Trends in Marketing Communications Law (4th Edition), 2017

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

NY State Bar Association
American Bar Association

BAR ADMISSIONS

New York

EDUCATION

Cornell Law School, J.D., 2003
Haverford College, B.A., 1998