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Ashima A. Dayal is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports; Intellectual Property; and Digital Media, Technology & Privacy Practice Groups of Davis & Gilbert. Ms. Dayal is also a member of the firm’s Diversity Committee. Her practice concentrates on advising the firm’s advertising, media and entertainment clients on all aspects of copyright, trademark, right of publicity and defamation law. Additionally, she has considerable experience resolving complex issues and disputes raising false advertising, unfair competition, misappropriation of idea, e-commerce and contract concerns, and she regularly participates in all manner of civil litigation (including infringement suits and consumer class actions), government investigations and other adversarial proceedings related to these areas of law. Ms. Dayal has argued before the U.S. Patent and Trademark Office, the U.S. Court of Appeals for the Second Circuit, the Southern District of New York, and the National Advertising Review Board and the National Advertising Division of the Council of Better Business Bureaus. She also counsels clients on entertainment union and guild issues pertaining to television, radio and Internet advertising.

Ms. Dayal negotiates, drafts and reviews a wide array of agreements on both the advertiser and advertising agency sides, including licenses for use of entertainment, fine art and literary materials, production agreements, talent agreements, sponsorship agreements, agency/client agreements and contracts in the new media field.

Ms. Dayal’s clients include a diverse range of media and entertainment and consumer products companies, including video game publisher Take-Two Interactive Software, flagship public television program producer and broadcaster WNET, educational and trade publisher Houghton Mifflin Harcourt, race event organizer BattleFrog, online food ordering service GrubHub Seamless, and test preparation service provider Kaplan. Additionally, Ms. Dayal has been retained by numerous authors, filmmakers, designers and other creative professionals to advise and advocate on their behalf, on matters ranging from intellectual property clearance and licensing negotiations to all manner of disputes.

Ms. Dayal has been recognized by The Legal 500 United States in the area of intellectual property: copyright for seven consecutive years (2014-2020) and in the area of advertising and marketing (2017-2019). In addition, she was named a "Recognized Practitioner" for intellectual property: trademark, copyright & trade secrets by Chambers USA: America’s Leading Lawyers for Business in 2018 and 2019. She has also been recognized by The Best Lawyers in America in advertising law (2020 & 2021) and in Media Law International’s rankings (2015-2021) for her work in the area of media law. She is a regular speaker on intellectual property and marketing law issues and has lectured at the Fashion Institute of Technology, Laboratory Institute of Merchandising (LIM College) and Fordham University, among others.

Prior to becoming an attorney, Ms. Dayal was an entertainment publicist at the Fox Broadcasting Company and at the New York office of Baker Winokur Ryder Public Relations. While in law school, she was Senior Editor of the Columbia Law Review. Ms. Dayal formerly was an intellectual property attorney at Debevoise & Plimpton LLP.

REPRESENTATIVE ENGAGEMENTS

  • Obtained a favorable settlement on behalf of an author of an investigative news article about a financial services company, after the company initially agreed to participate in the article but thereafter intervened with the author's publisher and quashed publication of the article.
  • Obtained a favorable settlement on behalf of an entertainment company whose creative work product was prominently featured in a blockbuster Hollywood film without permission.
  • Represented a television talk show in successfully defeating various privacy-based claims brought by a married couple whom the show incorrectly identified as parents of a murderer.
  • Represented an advertising agency and its client in successfully defeating trademark, copyright, right of publicity and related claims brought by an individual who claimed that the storyline of the advertiser's immensely popular multi-media advertising campaign copied his life story.
  • Represented a men's magazine in successfully defeating right of publicity and breach of contract claims brought by a celebrity who agreed to be photographed in revealing dress and provocative poses for the cover and interior of the magazine, but who thereafter attempted to renege on that agreement.
  • Represented a men's magazine in successfully defeating various trademark-based claims brought by the owners of an iconic design mark that the magazine featured in a sexually-charged fashion spread.
  • Represented an advertising agency and its client in favorably settling defamation and related claims brought by an entertainment company that claimed that a pun featured on the advertiser's billboard falsely implied that the company was sexually harassing its clients.
  • Represented a craft magazine in favorably settling a copyright claim brought by a designer whose pattern was reproduced without permission and misattributed to another designer by the magazine.
  • Represented an entertainment company in favorably settling a right of publicity claim brought by a former professional athlete who was featured in the company's fictional sports-themed program without permission.
  • Provided pre-publication intellectual property and other legal clearance advice to a video game company for the content, packaging and marketing of its best-selling video games.
  • Advised a special events marketer and its client, a prominent vodka company, on the federal, state and local laws governing liquor advertising, liquor sampling, mobile billboards, and related legal concerns, in connection with a cross-country vodka tasting tour held on a customized branded bus.
  • Represented multiple advertising agencies and their clients in successfully defeating or obtaining favorable settlements of copyright and related claims brought by photographers, musicians and other creative professionals whose work product seemingly or actually inspired the advertisers’ campaigns.
  • Represented multiple magazines, broadcasters and other media companies in raising innovative fair use and other legal defenses to copyright, right of publicity, First amendment and trademark claims.
  • Represented a cosmetics company in favorably settling a consumer class action alleging that the company’s skin care product made performance claims that were unsubstantiated and violated FDA law.
  • Represented a consumer products company in successfully defeating a consumer class action alleging that the company’s website terms of service violated the New Jersey Truth-In-Consumer Contract Warranty and Notice Act.
  • Successfully filed multiple domain name challenges on behalf of trademark owners with the World Intellectual Property Organization and National Arbitration Forum, and thereby secured transfer from cybersquatters to the trademark owners of the infringing domain names.
  • Represented authors in negotiating book publishing agreements with John Wiley/Jossey-Bass, Random House/Crown, St. Martin's Press/Palgrave Macmillan and Blue Apple, among others.
  • Drafted myriad template writer, photographer, music, model, location, prop and other such agreements on behalf of both licensors and licensees of creative content.

SPEAKING ENGAGEMENTS

"Publisher Liability, DMCA, and CDA Issues," Practising Law Institute, October 15, 2020

"Hot Topics in Advertising Law Conference 2020," Practising Law Institute, July 23, 2020

"Hot Topics in Advertising Law Conference 2019," Practising Law Institute, June 20, 2019

"Publisher Liability, DMCA, and CDA Issues," Practising Law Institute 2018, September 13-14, 2018; October 18-19, 2018

"Hot Topics in Advertising Law Conference 2018," Practising Law Institute, June 26, 2018

"Best Practices and Lessons Learned in Digital Image Licensing," The Copyright Society of the USA, May 30, 2018

"'Issues of the Day' for Associations and Nonprofit Organizations," PRSA National Capital Chapter (NCC) Annual Public Relations, January 25, 2018

Moderator, "Under the Influence: Sponsorships, Endorsements and Social Media," 2017 National Asian Pacific American Bar Association Convention, November 3, 2017

Co-Chair and Moderator, "Practising Law Institute’s Hot Topics in Advertising Law Conference 2017," June 27, 2017

PUBLICATIONS

Co-Author, “The Legal Loophole for Online Political Advertising (Barely) Starts to Close,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, "Lawsuits by the Disabled Against Websites Spike," Trends in Marketing Communications Law (6th Edition), 2019

Author, "Inline Links to Unlicensed Third-Party Content Now May Be Copyright Infringement," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Courts, Not Congress, Are Resolving Copyright Issues," Trends in Marketing Communications Law (4th Edition)2017 

PRESS

Quoted, PR Daily, "When It Comes to Copyright Law, Don’t Assume You Know," August 6, 2019

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association, Entertainment, Arts and Sports and Intellectual Property Law Sections
Columbia Law School, Kernochan Center For Law, Media and the Arts’ Board of Advisors

BAR ADMISSIONS

New York
U.S. District Court, Southern District of New York

EDUCATION

Columbia Law School, J.D., James Kent Scholar (1995-1996), Harlan Fiske Stone Scholar (1993-1995), 1996
Columbia College, B.A., 1989


REPRESENTATIVE ENGAGEMENTS

  • Obtained a favorable settlement on behalf of an author of an investigative news article about a financial services company, after the company initially agreed to participate in the article but thereafter intervened with the author's publisher and quashed publication of the article.
  • Obtained a favorable settlement on behalf of an entertainment company whose creative work product was prominently featured in a blockbuster Hollywood film without permission.
  • Represented a television talk show in successfully defeating various privacy-based claims brought by a married couple whom the show incorrectly identified as parents of a murderer.
  • Represented an advertising agency and its client in successfully defeating trademark, copyright, right of publicity and related claims brought by an individual who claimed that the storyline of the advertiser's immensely popular multi-media advertising campaign copied his life story.
  • Represented a men's magazine in successfully defeating right of publicity and breach of contract claims brought by a celebrity who agreed to be photographed in revealing dress and provocative poses for the cover and interior of the magazine, but who thereafter attempted to renege on that agreement.
  • Represented a men's magazine in successfully defeating various trademark-based claims brought by the owners of an iconic design mark that the magazine featured in a sexually-charged fashion spread.
  • Represented an advertising agency and its client in favorably settling defamation and related claims brought by an entertainment company that claimed that a pun featured on the advertiser's billboard falsely implied that the company was sexually harassing its clients.
  • Represented a craft magazine in favorably settling a copyright claim brought by a designer whose pattern was reproduced without permission and misattributed to another designer by the magazine.
  • Represented an entertainment company in favorably settling a right of publicity claim brought by a former professional athlete who was featured in the company's fictional sports-themed program without permission.
  • Provided pre-publication intellectual property and other legal clearance advice to a video game company for the content, packaging and marketing of its best-selling video games.
  • Advised a special events marketer and its client, a prominent vodka company, on the federal, state and local laws governing liquor advertising, liquor sampling, mobile billboards, and related legal concerns, in connection with a cross-country vodka tasting tour held on a customized branded bus.
  • Represented multiple advertising agencies and their clients in successfully defeating or obtaining favorable settlements of copyright and related claims brought by photographers, musicians and other creative professionals whose work product seemingly or actually inspired the advertisers’ campaigns.
  • Represented multiple magazines, broadcasters and other media companies in raising innovative fair use and other legal defenses to copyright, right of publicity, First amendment and trademark claims.
  • Represented a cosmetics company in favorably settling a consumer class action alleging that the company’s skin care product made performance claims that were unsubstantiated and violated FDA law.
  • Represented a consumer products company in successfully defeating a consumer class action alleging that the company’s website terms of service violated the New Jersey Truth-In-Consumer Contract Warranty and Notice Act.
  • Successfully filed multiple domain name challenges on behalf of trademark owners with the World Intellectual Property Organization and National Arbitration Forum, and thereby secured transfer from cybersquatters to the trademark owners of the infringing domain names.
  • Represented authors in negotiating book publishing agreements with John Wiley/Jossey-Bass, Random House/Crown, St. Martin's Press/Palgrave Macmillan and Blue Apple, among others.
  • Drafted myriad template writer, photographer, music, model, location, prop and other such agreements on behalf of both licensors and licensees of creative content.

SPEAKING ENGAGEMENTS

"Publisher Liability, DMCA, and CDA Issues," Practising Law Institute, October 15, 2020

"Hot Topics in Advertising Law Conference 2020," Practising Law Institute, July 23, 2020

"Hot Topics in Advertising Law Conference 2019," Practising Law Institute, June 20, 2019

"Publisher Liability, DMCA, and CDA Issues," Practising Law Institute 2018, September 13-14, 2018; October 18-19, 2018

"Hot Topics in Advertising Law Conference 2018," Practising Law Institute, June 26, 2018

"Best Practices and Lessons Learned in Digital Image Licensing," The Copyright Society of the USA, May 30, 2018

"'Issues of the Day' for Associations and Nonprofit Organizations," PRSA National Capital Chapter (NCC) Annual Public Relations, January 25, 2018

Moderator, "Under the Influence: Sponsorships, Endorsements and Social Media," 2017 National Asian Pacific American Bar Association Convention, November 3, 2017

Co-Chair and Moderator, "Practising Law Institute’s Hot Topics in Advertising Law Conference 2017," June 27, 2017

PUBLICATIONS

Co-Author, “The Legal Loophole for Online Political Advertising (Barely) Starts to Close,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, "Lawsuits by the Disabled Against Websites Spike," Trends in Marketing Communications Law (6th Edition), 2019

Author, "Inline Links to Unlicensed Third-Party Content Now May Be Copyright Infringement," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Courts, Not Congress, Are Resolving Copyright Issues," Trends in Marketing Communications Law (4th Edition)2017 

PRESS

Quoted, PR Daily, "When It Comes to Copyright Law, Don’t Assume You Know," August 6, 2019

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association, Entertainment, Arts and Sports and Intellectual Property Law Sections
Columbia Law School, Kernochan Center For Law, Media and the Arts’ Board of Advisors

BAR ADMISSIONS

New York
U.S. District Court, Southern District of New York

EDUCATION

Columbia Law School, J.D., James Kent Scholar (1995-1996), Harlan Fiske Stone Scholar (1993-1995), 1996
Columbia College, B.A., 1989