Fredrikson & Byron, P.A.
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Stephen R. Bergerson
Stephen R. Bergerson
 
sbergerson@fredlaw.com
p: 612.492.7043
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Assistant: Leigh Rand 612.492.7628
MEET STEVE.
MEET STEVE

The difficult I’ll do right now. The impossible may take a little while.”
General Bio
 

Introduction

A former ad agency executive, Steve created the Twin Cities’ first advertising law practice in 1974, founded Fredrikson & Byron’s Advertising, Marketing and Trademark Law Group in 1990, and is one of the nation’s leading advertising and trademark attorneys.

 He has been designated by Fortune Magazine as one of “America’s Premier Lawyers,” named a “Super Lawyer” (top five percent) by his legal peers every year since 1996, and recognized as one of Minnesota’s Top Attorneys by the American Registry.

He has worked with many of the nation’s largest advertisers, negotiated talent contracts with many of the world’s best known celebrities, obtained usage rights for some of the nation’s most popular music, and been involved in developing and registering over 3,000 trademarks in more than 80 countries.

Steve has served as special legal counsel to the American Advertising Federation, the National Advertising Review Board and the Point of Purchase Advertising Association. He’s also a Past-President of the Minnesota Advertising Federation, former Governor of the American Advertising Federation’s Eighth District, past Chair of the Minnesota Better Business Bureau and a former member of the National Advertising Review Board.

He is well known for his many successes on behalf of advertisers involved in false advertising challenges before the National Advertising Division (NAD) and the National Advertising Review Board (NARB) of the Council of Better Business Bureaus, the advertising industry’s self-regulatory bodies.

Steve has spoken to hundreds of ad industry groups, written extensively on advertising law, and is nationally-known for his decades of ad industry leadership on important legal, ethical and government issues.

His experience as an industry executive, volunteer, lobbyist and Rock and Roll Hall of Fame drummer gives him a unique understanding of his advertising and ad agency clients, with whom he enthusiastically shares his passion, creativity, insights, legal expertise and ‘can-do’ spirit.

He is a former Trustee of William Mitchell College of Law and serves as a member of its Intellectual Property Institute Advisory Board, and on the National Advisory Boards of the University of Minnesota’s School of Journalism and Mass Communications and the Advertising Compliance Service, a leading ad industry publication.

Education

  • J.D., William Mitchell College of Law, 1974
  • B.A., University of Minnesota School of Journalism and Mass Communications, 1970

Bar Admissions

  • Minnesota, 1974

Practice Areas

Representative Experience

  • Advertising Legal Compliance
  • Social Media Legal Compliance
  • Gift Certificate/Gift Card Compliance
  • Sweepstakes Legal Compliance
  • Trademark Searches, Registrations & Dispute Resolution
  • Copyright Searches & Registrations
  • “Green” Advertising Issues
  • Domain Name Protection
  • Privacy Issues
  • Network Clearance
  • Resolution of NAD/NARB Challenges and Other Ad Dispute
  • Trade Secret Protection
  • Agency-Client Agreements
  • Celebrity & Talent Agreements
  • Music License Agreements
  • Trademark & Copyright Licensing Agreements
  • Confidentiality & Nondisclosure Agreements
  • Photo & Location Releases
  • Errors/Omissions Insurance Review
  • Client and Industry Seminars

Selected Publications & Presentations

  • Seminar Presenter, “Social Media: Legal Risks on The New Virtual Frontier,” AAF Central Region Conference 2011, September 16-18, 2011
  • Seminar Presenter, “What Every Advertiser Needs to Know About Copyright,” RCRI, December 17, 2010
  • Seminar Presenter, “What Every Advertiser Needs to Know About Copyright,” Augsburg College, December 9, 2010
  • Seminar Presenter, “You, Me and the FTC, University of Minnesota, November 11, 2010
  • Guest Lecture, “Hot Topics in Advertising Law”, University of Minnesota Mass Communications Law Class, October, 2010
  • Seminar Presenter, “The Top Ten Way to Meet the FTC,” University of St. Thomas, October 20, 2010
  • Appeared on the WCCO-TV newscast ‘Good Question’ segment with Jason DeRusha, providing comment on “Can Politicians Lie in Their Ads?,” October 11, 2010
  • Seminar Presenter, “Sweepstakes: It’s a Crime to Make A Mistake, Mall of America, July 15, 2010
  • Speaker, Advertising Industry Legislative Summit, April 22, 2010
  • Speaker, Advertising Law: New Year, New Rules seminar, December 15, 2009
  • Guest Lecturer, Honors Advertising Class, University of Minnesota, November 13, 2009
  • Guest Lecturer, Mass Communication Law, University of Minnesota, November 12, 2009
  • Author, “Copyright, Not Greed Behind AP Lawsuit,” Star Tribune Guest Editorial, November 7, 2009.
  • Speaker, “Technotainment: Legal Issues on New Social Marketing Frontiers,” 2009 Midwest Intellectual Property Institute, September 24-25, 2009
  • "Valspar Advertising Challenge Successful Before the National Advertising Review Board," Advertising Compliance Service, June 10, 2009 
  • Speaker, “User Generated Content, Viral, Guerrilla and Word of Mouth Advertising,” 2009 Midwest Annual Trademark Law Conference, March 2009
  • “Green Marketing: The Color of Money,” FredNEWS: Advertising, Marketing & Trademark, February 2009
  • Seminar Presenter, FAME, December 2008
  • Speaker, “How Dare You Use My Trademark? Dos and Don’ts of Using Competitors’ Trademarks in Advertising,” 2008 Midwest Intellectual Property Institute, September 25-26, 2008
  • “Home Depot to Pull ‘Rated #1’ Claims For Behr Paint,” Advertising Compliance Service, July 2008
  • Seminar Presenter, Periscope Advertising, June 18, 2008
  • Speaker, “The Perils of ‘Environmentally Friendly’ Advertising,” AAF National Conference 2008, June 8-14, 2008
  • Speaker, Green Lights & Red Flags: FTC-BBB Rules of the Road for Advertisers, April 24, 2008
  • Guest Lecturer, Mass Communication Law, University of Minnesota, November 8, 2007
  • “Licensing Music: It’s Not the Same Old Song,” Create Magazine, September/October, 2007

Professional Activities

  • National Advisory Board, University of Minnesota School of Journalism and Mass Communications
  • Board of Trustees, William Mitchell College of Law
  • Advisory Board, William Mitchell College of Law’s Intellectual Property Institute
  • Director Emeritus, Children’s Cancer Research Fund
  • Member, Administration Committee, Children’s Cancer Research Fund
  • Director Emeritus, Better Business Bureau of Minnesota
  • Pro Bono IP Counsel, Advertising Federation of Minnesota
  • Pro Bono IP Counsel, American Advertising Federation
  • Lecturer, University of Minnesota, Hamline College, and St. Thomas University
  • Member, Editorial Advisory Board, ADVERTISING COMPLIANCE SERVICE
  • Emeritus Board Member, Advertising Federation of Minnesota
  • Former member, National Advertising Review Board (three terms)
  • Former Chair, American Advertising Federation Ad Standards and Self-Regulation Committees and member of its Legal Affairs Committee
  • Former Chair, Midwest Advertising Review Council
  • Past president, Minnesota Advertising Federation
  • Past Chair and 25 year Board Member, Better Business Bureau of Minnesota
  • Past Governor, American Advertising Federation Eighth District
  • Former Program Coordinator, Four A’s Institute of Advanced Advertising Studies
  • Past Board and Executive Committee Member, Greater Metropolitan Convention and Visitors Bureau
  • Professor of Law and Marketing, Mankato State University, 1974-1977
  • Professor of Law and Marketing and Department Chair, Metro State University, 1978-1996

Honors & Distinctions

  • Alumnus of Notable Achievement, University of Minnesota College of Liberal Arts, 2013
  • Children’s Cancer Research Fund Volunteer of the Year Award, 2012
  • Butterfly Volunteer of the Year, Children’s Cancer Research Fund, 2011
  • Inductee, South Dakota Rock and Roll Hall of Fame, 2009
  • Fortune Magazine, “America’s Premier Lawyers” Award 2006
  • Distinguished Service Award, Better Business Bureau, 2003
  • Who’s Who Worldwide
  • Who’s Who in American Law
  • Honoree, “100 Who Made A Difference”, William Mitchell College of Law, 2001
  • Leading Attorneys, American Research Corp.
  • Award of Excellence, William Mitchell College of Law
  • Silver Medal Award, Advertising Federation of Minnesota
  • Medal of Merit, American Advertising Federation
  • Torch of Truth Award, Better Business Bureau
  • Distinguished Service Award, Minnesota Advertising Federation
  • Good Neighbor Award, WCCO Radio
  • Government Relations Award, Minnesota Advertising Federation
  • High School Alumni Lifetime Achievement Award
  • Member of the Year, Road Lawyers Motorcycle Club
  • Minnesota “Super Lawyer (top 5%), Minnesota Super Lawyers magazine, twenty years