Strong, enduring brands achieve a loyal consumer base and give companies a competitive edge. Olshan’s Brand Management & Protection Group excels at helping clients build, manage, monetize and protect their brands, IP rights and reputations in jurisdictions worldwide across all traditional and digital/electronic media channels.
Our Brand Management & Protection Group is fully integrated with Olshan’s other nationally ranked and highly regarded practices. In addition to expertise in areas from IP to real estate, anti-counterfeiting to dispute resolution and corporate to transactional issues, we work closely with the firm’s Advertising, Marketing & Promotions, Intellectual Property Law, Corporate/Securities Law, Litigation, Real Estate Law, Tax and Employment practices to ensure practical advice and a 360-degree perspective of legal rights, obligations, risks and opportunities. Experienced both domestically and internationally, we counsel clients at every stage of brand development, promotion and protection and work with a trusted global network of professionals to ensure our clients are well-positioned and protected worldwide.
Co-chaired by Mary Grieco and Andrew Lustigman, both respected advertising and brand management law authorities, the team also includes an acknowledged leader in anti-counterfeiting issues and internationally renowned IP and corporate lawyers.
For decades we have helped clients in a variety of brand management areas:
- Brand Activation
- IP Clearance
- IP Portfolio Management, Licensing and Enforcement
- Trademarks
- Copyrights
- Advertising and Marketing Review and Clearance
- Digital Marketing and Social Media
- Regulatory Compliance and Investigations
- Online Privacy
- Litigation
- Product Manufacturing and Distribution
- Purchase and Sales Agreements
- Online Pricing
- Sweepstakes and Promotions
- Reputational Issues
- Brick and Mortar Locations
Maximizing the Value of Intellectual Property
Maximizing the value and protecting a company’s IP are critical steps for market success. Clients rely on our strategic approach to clear, protect, defend and enforce their IP rights worldwide. We offer guidance on all trademark, copyright and design matters, including structuring and executing trademark protection, monitoring, enforcement and licensing programs, negotiating and closing sales, purchases and licensing arrangements and manufacturing, distribution and other agreements.
The Brand Management & Protection Group has experience acting on behalf of sellers and purchasers of IP rights and multimillion-dollar IP acquisitions and M&As. Our lawyers also keep clients ahead of issues by advising on legal changes regarding IP in new technologies, copyright fair use issues and other “hot topic" issues that may affect our clients.
The Digital Universe - Development, Compliance, Enforcement and Privacy
The escalating legal changes in the digital business universe require a legal team that can stay a step ahead of issues on the horizon. Our Brand Management & Protection Group has extensive experience counseling clients on how to avoid pitfalls across all digital means and channels used to build their brands and expand their market reach.
In compliance and regulatory matters, our lawyers have significant experience with FTC and FDA regulatory requirements regarding health claims, advertising, labeling and the distribution of health-related products, including OTC products, dietary supplements, medical devices, cosmetics and medical foods. Clients also rely on our pragmatic approach in representing them in investigations, enforcement actions and litigation brought by agencies, including the Department of Justice, FCC, U.S. Postal Service, state attorneys general, district attorneys and other governmental authorities.
In the burgeoning legal area of privacy, we help our clients develop privacy protection programs, prepare privacy policies and terms of use for websites and mobile applications, prepare and negotiate influencer and SaaS agreements and advise on social media compliance and the laws and legal developments impacting their activities. We are well-versed in top-of-mind issues such as the Telephone Consumer Protection Act (TCPA) and the expansion of state privacy laws affecting brands and advertising. Certified as an Information Privacy Professional for Europe (CIPP/E) by the International Association of Privacy Professionals, one of our group’s co-chairs is a sought-after authority on data privacy laws and compliance with consumer privacy laws and related issues.
Litigation and Dispute Resolution
Fierce defenders of our clients’ interests in and out of court, our group has enviable litigation and alternative dispute resolution experience in state and federal courts, including the U.S. Supreme Court. We are adept at handling trademark opposition and cancellation proceedings worldwide, including single-plaintiff, multiparty and class action cases, IP-related claims, corporate disputes and a wide array of IP and privacy challenges.
Our lawyers have successfully represented nationally and globally recognized brands in high-stakes trademark infringement and anti-counterfeiting litigation against some of the largest corporations in America and other prominent companies and include numerous precedent-setting wins on our clients’ behalf.
