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For many companies, their trademarks and brands are more enduring and valuable than the tangible assets of the company and, in certain instances, the company itself. With this understanding, our Advertising & Media team works closely with our Intellectual Property and Corporate attorneys to structure, negotiate, and implement IP transactions, especially those involving trademarks and copyrights. We leverage our IP capabilities where IP intersects with advertising, sales, and e-commerce, including trademark, copyright, counterfeiting, and gray-market goods.

Transactions and Agreements. We advise clients in trademark clearance and prosecution matters and IP licensing programs, including negotiating and drafting licensing agreements, establishing royalty structures, and ensuring compliance with e-commerce laws and regulations.

  • Trademark licensing arrangements, including co-branded products and services
  • Data rights and data protection agreements
  • Strategic alliances and joint development agreements
  • Manufacturing agreements
  • Marketing, reseller, and distribution agreements
  • Research and development and collaborative research agreements
  • Computer software development and licensing arrangements
  • Outsourcing agreements

Trademark Clearance, Prosecution, and Claims Review. Not only do we review trademarks for clearance and prosecution purposes, but we also counsel clients on whether trademarks may communicate advertising claims.

Trademark Enforcement and Oppositions. We handle brand enforcement and contested proceedings including trademark oppositions and cancellations before the TTAB.

Sponsorships and Naming Rights. We negotiate brand sponsorship, promotion, and naming rights deals with sports leagues and teams, athletes, entertainment properties, music artists, celebrity chefs, and many others.

Litigation. Our work focuses on intellectual property, consumer protection and advertising matters, with recent cases involving trademark infringement and dilution, copyright infringement, counterfeit and gray market goods, and unfair competition.

Representative Engagements

  • Defending U.S. Soccer, a national sports federation, in a trademark lawsuit brought by the U.S. Soccer Foundation. 
  • Representing a natural remedy products company against a competitor in false advertising and trademark infringement action brought under the Lanham Act.
  • Manage trademark portfolio and prosecution for brands in a variety of industries, including apparel, technology, grocery, entertainment, industrial manufacturing, and industry trade associations.
  • Negotiated sports sponsorship and naming rights agreements for a leading financial institution.
  • Negotiated a co-branded product trademark license agreement for a nationwide baked goods retailer.

View More

Does the FTC’s Recent Influencer Guidance Address Robots? (September 2020). Author: Holly A. Melton.
Publications
"Supply Chain Considerations for Retail’s New Normal," Crowell & Moring Webinar (August 5, 2020). Presenters: Michelle Ann Gitlitz, Holly A. Melton, David R. Stepp, and Helen Osun.
Speech/Presentation
"Attorneys General Target Unsupported Medical Treatment Claims," Advertising & State AG Alert (July 24, 2020). Contacts: Clayton S. Friedman, Natalie O. Ludaway, Holly A. Melton, Michael Yaghi, Joselle Albracht, Lauren Aronson, Suzanne Trivette
Client Alert/Newsletter
Recent US Actions Muddy USMCA Media Protections (July 21, 2020). Authors: Robert Holleyman, Christopher A. Cole, Michelle Ann Gitlitz, and Tre Flowers.
Publications
Legal 500 United States Ranks Crowell & Moring in Five Practice Areas in 2020 Guide (Jul.20.2020)
Firm News/Announcement
"Attorney General’s Office Achieves Victory on Maine Broadband Privacy Law," Advertising & State AG Alert (July 17, 2020). Contacts: Clayton S. Friedman, Natalie O. Ludaway, Michael Yaghi, Joselle Albracht, Suzanne Trivette
Client Alert/Newsletter
"Post Pandemic Litigation Outlook," ANA Legal Webinar (July 14, 2020). Presenters: Thomas P. Gies, Mana Elihu Lombardo, Holly A. Melton, and Amanda Shafer Berman.
Speech/Presentation
"The Impact of COVID-19 on the Law: A Pause, A Pivot or a Sea Change?" University of Chicago Law School Webinar (July 8, 2020). Panelist: Lauren Aronson.
Speech/Presentation
"Attorneys General Are on the Watch for COVID-19 Related Scams," Advertising & State AG Alert (July 7, 2020). Contacts: Clayton S. Friedman, Natalie O. Ludaway, Michael Yaghi, Joselle Albracht, Suzanne Trivette
Client Alert/Newsletter
"Supreme Court Finds that "Generic.com" Terms Can Be Trademarks," Advertising & State AG Alert (July 6, 2020). Contacts: David Ervin, Deirdre Long Absolonne, Michelle Chipetine, Suzanne Trivette
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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