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Global Advertising Law: Year in Review

Speaker(s): Brinsley Dresden, Jeffrey A. Greenbaum, José Antonio Arochi, Kanu Priya, Kelly Harris
Recorded on: Jan. 13, 2021
PLI Program #: 317424

Brinsley Dresden, Partner, Head of Advertising and Marketing Law Practice, Lewis Silkin LLP

Brinsley Dresden is an intellectual property lawyer, and a recognised leader in the field of advertising and marketing. He advises on all aspects of advertising, marketing and sales promotion law and regulation, including clearance work, commercial and IP disputes, dealing with the regulatory authorities and commercial agreements in the advertising sector.

He is the only lawyer included in the “A-list” of the 500 most influential figures in the UK advertising industry published by Campaign, the UK advertising industry’s leading trade magazine. Brinsley is ranked in Band 1 for Advertising & Marketing by both Chambers Directory and the Legal 500.

After qualifying at a major London law firm, he spent nearly 3 years as an in-house lawyer at British Telecommunications, where he was dedicated to providing full-time legal support to the Marketing Department. Being co-located with the marketers, rather than in the separate legal department, he was immersed in their work, whether it was helping to formulate the communications for a new pricing package, defending a trading standards investigation, or formulating a competitor complaint.

He joined Lewis Silkin in 1996 and became a partner in 1999, and during that time he has advised some of the world’s leading brand owners across a wide range of sectors (alcoholic beverages, cosmetics, automotive, aviation, fashion, insurance, FMCG, utilities, engineering, food and drinks). He has also advised advertising, public relations, sales promotion, design, digital and social media agencies and including some of the leading independent agencies in the UK and USA, as well as operating companies from several of the world’s global networks.

He is also a member of the Advertising Law Group and the sole UK member of the Global Advertising Lawyers Alliance.

The Chambers Directory 2014 said “Brinsley Dresden is regarded as ‘dynamic’ and ‘very knowledgeable’ by senior market figures. He advises on all facets of commercial and regulatory advertising and marketing work.”

The Legal 500 2014 Edition said “Lewis Silkin LLP’s core strength lies in advertising and marketing work; the team represents major agencies and brand owners on commercial, regulatory and contentious matters. Brinsley Dresden represented Marks and Spencer plc in relation to an Advertising Standards Authority (ASA) investigation regarding use of the ‘Made to Measure’ phrase for the client’s online clothing service; and advised Saatchi & Saatchi on actor Kevin Bacon’s contract for EE’s advertising campaign.”

Kanu Priya is an Advocate and Registered Indian Patent Agent. She has an extensive experience in handling IPR, Advertising & Marketing matters for both domestic and international companies. She helps companies in strategizing their IP portfolio and facilitates Landscape Analysis and Freedom to Operate Opinions. She handles drafting, prosecution and litigation of patent and trademark applications. She routinely advises clients on a wide variety of advertising, media and marketing laws related matters, including sweepstakes, promotions and contests. She also counsels clients on issues related to influencer marketing, native advertising, comparative advertising, bait advertising, puffery, surrogate advertising, advertisements targeted at children, celebrity and expert endorsements. She develops and reviews clients’ social media and influencer policies and reviews clients’ social media campaigns, websites, apps and privacy policies to ensure compliance with relevant Indian laws. She also counsels clients on right of privacy and publicity, telemarketing, direct mail, email marketing and copyright matters. She actively engages with Government and Patent Office in policy formulations. She holds the memberships of APAA (Asian Patent Attorneys Association) and INTA (International Trademark Association).

José Antonio came on board with Arochi & Lindner Mexico in 2016 as an associate in the Trademark, Patents and Intellectual Property Litigation departments. His practice includes strategic consultation in the protection, defense and exercise of intellectual property rights, mainly in the matters of trademarks and patents.

His professional background includes 3 years of experience working in a premiere intellectual property law firm in Washington. Through this experience, he gained substantial knowledge of the U.S. legal system, and coupled with his knowledge of the Mexican system, his acquired expertise brought him success in acquiring national and international clients.

José Antonio has a Law Degree from the Universidad Iberoamericana and a Master’s of Law Degree from the University of Washington. He is a member of the International Trademark Association, the Mexican Association for the Protection of Intellectual Property   (AMPPI) and the International anti-Counterfeiting Coalition (IACC).

Managing Partner of Frankfurt Kurnit since 2010, Jeffrey A. Greenbaum is one of the country’s leading advertising lawyers. He is a partner in the firm’s Advertising, Marketing & Public Relations Group and has extensive experience representing advertisers, advertising agencies, and media companies on advertising, marketing, branded entertainment, and intellectual property matters. Best Lawyers named him “Advertising Lawyer of the Year” in the New York metro area for 2015.

Mr. Greenbaum advises clients on a wide variety of advertising-related matters, including advertising regulation, rights clearance, agency/client contracts, production contracts, e-commerce, consumer privacy, sweepstakes and contests, union issues, network clearance, and global advertising clearance. He also regularly represents advertisers in connection with advertising litigation, including federal, state, and local regulatory investigations, as well as before the National Advertising Division and other self-regulatory organizations.

Mr. Greenbaum is also the Chairman of the Global Advertising Lawyers Alliance, a network of independent law firms around the world with expertise in advertising law.

He is also a Director of the Brand Activation Association (formerly, the PMA), and has also served as a member of the BAA’s Executive Committee. He is also a member of the BAA’s Government and Legal Affairs Committee. He was also Co-Chair of the 2007 PMA law conference.

Mr. Greenbaum has previously served as chair of the Committee on Consumer Affairs of the New York City Bar. For more than a decade, he has also chaired the New York City Bar’s annual “Hot Topics in Advertising” program. He has also served on the INTA Nontraditional Marks Committee and is a member of ASIPI.

Mr. Greenbaum is a frequent speaker on advertising issues. He has spoken at the Federal Trade Commission’s “Protecting Kids’ Privacy Online” workshop, the “FTC at 100” workshop, the FTC’s “Rebate Debate” workshop, and at the FTC’s “Green Lights and Red Flags: FTC/BBB Rules of the Road for Advertisers” program. He has also spoken at conferences and programs sponsored by the National Advertising Division, the Association of National Advertisers, the Brand Activation Association, the National Advertising Review Council, the Electronic Retailing Self-Regulation Program, the Electronic Retailing Association, INTA, the Intellectual Property Owners Association, the Association of Independent Commercial Producers, the American Intellectual Property Law Association, ASIPI, ALI/ABA, the Association of Corporate Counsel, the American Bar Association, the New York City Bar, the New York County Lawyers Association, the New York State Bar Association, the Washington State Bar Association, and others.

Mr. Greenbaum is a member of the Dean’s Advisory Council at the University of Michigan Law School. He has served as an adjunct faculty member at Parsons School of Design. He has also spoken at programs sponsored by Columbia University, New York University, New York Law School, Brandeis University, and University of Kansas.

Kelly Harris is a marketing, advertising, and product regulatory lawyer. She gives practical, timely, and business-focused advice to her market-leading retailer, manufacturer, and distributor clients, addressing their broad and evolving challenges and concerns. She has legal expertise in areas such as deceptive marketing practices, consumer protection, e-commerce, privacy, anti-spam, competition/anti-trust, and trademark and copyright. Many of her clients are in regulated industries, including cosmetics, natural health products, food, beverage, alcohol, cannabis, medical devices, children’s products, electronics, and radio spectrum products. Kelly is listed with The Best Lawyers in Canada for Advertising and Marketing Law, and is a past Chair and Vice-Chair of the Marketing Practices Committee of the Canadian Bar Association’s Competition Law Section.