Brooke Erdos Singer of Davis+Gilbert LLP

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Brooke Erdos Singer helps clients achieve brand success, coordinating the myriad of trademark, contract, advertising and marketing issues businesses face. She advises a wide variety of U.S. and international clients that range from startups to celebrities and iconic brands. 

Brooke takes a 360-degree view of brands, and is often involved at the outset of product or campaign development. Because she combines counseling, transactional and litigation experience, Brooke is able to anticipate how creative decisions may play out in various scenarios. Clients rely on her for guidance on trademark clearance, prosecution, portfolio management, brand monetization, brand protection and enforcement. Acting as an integral member of the client’s team, she is a valued early reviewer who can spot risk and find commercially viable alternatives when needed. In addition, her insights help clients navigate international legal and cultural issues in marketing campaigns.

Clients appreciate Brooke’s practical, eyes-on-the-prize approach. She is creative and flexible and doesn’t get mired in nonessential details. Whether the matter involves a professional service agreement, a talent contract or a trademark license, Brooke keeps her clients’ priorities and interests firmly at the forefront.

In the event of disputes, Brooke works closely with the firm’s litigation team to craft compelling arguments or early resolutions that are consistent with her client’s overall goals.

Knowledgeable, reliable, candid, efficient and practical, Brooke makes each client feel seen, heard and well represented. She works extensively in the advertising, entertainment, fashion and beauty, food and restaurant, and gaming industries.

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Black Lives Matter Movement Sparks Branding Changes

The tragic killings of George Floyd, Breonna Taylor and Ahmaud Arbery this year, among others, have reinvigorated the Black Lives Matter movement, resulting in powerful nationwide conversations about racial injustice in the United States, with far-reaching ripple effects. Businesses across industries — such as sports, entertainment, consumer products and higher education — have reevaluated certain … Continue Reading

Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits

The U.S. Supreme Court resolved a circuit split on April 23, 2020, by unanimously holding in Romag Fasteners, Inc. v. Fossil Group, Inc., et al. that a brand owner is not required to prove that a trademark infringer acted willfully in order for the owner to be awarded the infringer’s profits. Background Romag Fasteners, Inc. … Continue Reading

The Impact of COVID-19 on U.S. Trademark Applications and Registrations

On March 31, 2020, the U.S. Patent and Trademark Office (USPTO) issued a notice concerning the waiver of certain trademark-related timing deadlines pursuant to Section 12004 of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). Powers Created by the CARES Act The CARES Act (which was signed into law by President Trump … Continue Reading

Was Missguided Misguided? Kim Kardashian West Obtains $2.7 Million Judgment in Right of Publicity and Trademark Suit

A federal district court in California has awarded a $2.7-million default judgment to Kim Kardashian West in her lawsuit against a fast fashion online retailer that allegedly used her persona and likeness to sell its clothing, in part by repeatedly tagging her on Instagram and linking to the retailer’s e-commerce site. Kardashian West’s suit is … Continue Reading

The Role of Artificial Intelligence

The use of artificial intelligence (AI) in the fashion and beauty industries — and the marketing of the same — has steadily gained traction over the last few years and it’s not hard to see why. AI provides a myriad of opportunities and potential applications within the fields of fashion and beauty, but it can … Continue Reading

NO LONGER “FUCT” – SCANDALOUS MARK PROVISION STRUCK DOWN BY SUPREME COURT

What constitutes a “scandalous” trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act, later codified in the 1946 Lanham Act, which forbids registration of any mark that “[c]onsists of or comprises immoral . . . or scandalous matter.” Since the creation of this provision, the USPTO has regularly rejected marks for … Continue Reading

Trademark License Rights Survive Rejection in Bankruptcy

Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee’s rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement. The case, Mission Product Holdings, Inc. v. Tempnology, LLC (Mission Product), arose from a pre-bankruptcy trademark license agreement between Tempnology, LLC, the bankrupt debtor, and … Continue Reading

Legal Risks Abound as the World Cup Kicks Into Gear

As with any major event, the FIFA World Cup presents an attractive marketing opportunity for brands to connect with consumers around the world. The World Cup is a particularly hot ticket for marketers because it only occurs once every four years and is followed closely by fans worldwide. It also helps that soccer (err … … Continue Reading

NCAA Obtains Injunction Over “March Madness” and “Final Four” Trademarks

The U.S. District Court for the Southern District of Indiana sided with the National Collegiate Athletic Association (NCAA) and awarded a permanent injunction against game developer Kizzang Inc. (Kizzang) over a mobile and online game that infringed the NCAA’s trademarks “March Madness” and “Final Four.” Background The NCAA administers inter-collegiate sports across the United States … Continue Reading

Battling the Real “Fake News”: FTC Reaches Multi-Million Dollar Settlement with Internet Marketers for False Celebrity Endorsements

Unfortunately, the unauthorized use of a celebrity’s name and image has become a deceptive advertising practice frequently used by dishonest online marketers. This type of ad typically claims (falsely) that a public figure has used or endorsed what is billed as the latest miracle weight loss supplement or wrinkle-reducing cosmetic. Going after these bad actors … Continue Reading

Implications of Brexit on Trademarks in the EU

The United Kingdom’s vote on June 23, 2016 to withdraw from the European Union has left many issues in flux, including the rights of owners of European Union Trademark registrations (EUTMs), formerly Community Trade Marks (CTMs). While details of the separation have yet to take shape, below are some points to keep in mind:… Continue Reading
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