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 litigation 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 three consecutive years (2014-2016). She has also been recognized in Media Law International’s 2015 and 2016 rankings 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.