Fredrikson & Byron, P.A.
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John C. Pickerill
John C. Pickerill
 
jpickerill@fredlaw.com
p: 612.492.7306
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f: 612.492.7077
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Assistant: Gloria Connolly 612.492.7821
General Bio
 

Introduction

John is a shareholder in Fredrikson & Byron’s Advertising, Marketing & Trademark Group, the only legal group of its kind in the state. His practice focuses on all legal issues specific to the world of commercial creativity, including trademark and copyright analysis, protection and enforcement; advertising, marketing, promotions and sweepstakes compliance; industry contracts and disputes; social media and mobile marketing legal compliance; and all other legal issues marketing professionals encounter.

John was an advertising executive at Carmichael Lynch for 5 years before law school, so he understands the commercial marketplace and how to balance legal risks against business realities. He knows from firsthand experience what creative professionals need from an attorney- and how fast they need it. John’s creative background and commonsense approach provide his clients with a unique ally in the creative world. He’s a creative professional who specializes in law, rather than a lawyer moonlighting on trademark and advertising issues.

John was named a Rising Star by Minnesota Law & Politics, Minneapolis St. Paul Magazine and Twin Cities Business, plus the Trademark Insider named John one of the top 50 trademark attorneys in the nation in 2008.

Education

  • William Mitchell College of Law, J.D., 2002, magna cum laude
  • Iowa State University, B.S., Journalism/Advertising, 1990, graduated with Phi Kappa Phi honors

Bar Admissions

  • Minnesota, 2002

Practice Areas

Representative Experience

  • Advertising Copy Compliance
  • Sweepstakes Compliance
  • Social Media Planning & Enforcement
  • Mobile Marketing Issues
  • Trademark Searches/Registrations
  • Domain Name Selection/Protection
  • Copyright Searches/Registrations
  • Trademark/Copyright Disputes
  • NAD/NARB Challenges
  • Advertising Legal Disputes
  • Errors/Omissions Insurance Review
  • Agency/Client Agreements
  • Celebrity Talent Agreements
  • Website Development Agreements
  • Non-Compete Agreements
  • Music License Agreements
  • Trademark Licensing Agreements

Selected Publications & Presentations

  • Moderator, “Digital Branding for Business,” Women’s Business Matters Series, April 25, 2012
  • “Scratching a Niche,” Twin Cities Business Magazine, February 2012
  • Speaker, “Social Media and Intellectual Property,” The Bar Association of Metropolitan St. Louis, January 12, 2012
  • Moderator, “Advertising Law & Strategy,” MN Bar Association CLE, March 30, 2011
  • Presenter, “Results May No Longer Vary: Using Testimonials and Endorsements,” MN Bar Association CLE, March 11, 2011
  • Presenter, “Tricks & Trends for using Social Media as a Marketing Tool,” Lorman CLE, Bloomington, MN, March 1, 2011
  • Presenter, “Ad Law in a Nutshell,” St. Cloud Advertising Federation, February 23, 2011
  • “Where Privacy and Popularity Collide: Liability, Limitations and Loopholes in Publicity Law,” MN Bar Association CLE, January 21, 2011
  • Presenter, “Is ‘Fair Use’ Fair?: Using the Works of Others,” AIGA Design Camp 2010, October 3-5, 2010
  • Speaker, Advertising Industry Legislative Summit, April 22, 2010
  • Presenter, “The Power of Green: Good Intentions, Global Warming & the FTC’s Green Guides,” Better Business Bureau, March 2, 2010
  • “The New FTC Testimonial Guidelines: Results May No Longer Vary,” Fredrikson & Byron’s Trademark TopicsSM, February 2010
  • Speaker, Advertising Law: New Year, New Rules, December 15, 2009
  • Presenter, “Legal Basics for Running Your Own Shop,” AIGA Design Camp 2009, October 2-3, 2009
  • Presenter, “When Facebook, YouTube and Wikipedia Attack: Protecting Your Brand,” Fredrikson & Byron Franchise Seminar, July 22, 2009
  • “The New Generation of IP Challenges: Controlling Your Brand on You Tube, eBay, Wikipedia and Other Frontiers,” International Franchise Association 41st Annual Legal Symposium, Washington, D.C., May 12, 2008
  • “Win, Lose or Draw - Protecting Board Games in a Competitive Marketplace,” Fredrikson & Byron’s Trademark TopicsSM, May 2008
  • “Subway v. Quiznos: Homemade Advertising, YouTube & You,” Fredrikson & Byron’s Trademark TopicsSM, February 2008
  • “Can Promotion Law Slow Down the Hannah Montana Machine?,” Fredrikson & Byron’s Trademark TopicsSM, January 2008
  • “Comparative Advertising in Today’s Marketplace: Whatever Happened to ‘Brand X?’,” Fredrikson & Byron’s Trademark TopicsSM, December 2007
  • “Naked Licensing ‘N The ‘Hood,” Fredrikson & Byron’s Trademark TopicsSM, September 2007
  • “Top 5 Greatest Minnesota Marks – One Trademark Attorney’s Opinion” Fredrikson & Byron’s Trademark TopicsSM, July 2007
  • “Sign, Sign, Everywhere a Sign,” Fredrikson & Byron’s Intellectual Property Focus Newsletter, June 2007
  • “Using Competitive Trademarks As Search Engine Keywords: Trademark Infringement or Strategic Marketing?,” Fredrikson & Byron’s Trademark TopicsSM, April 2007
  • “The Yin & Yag of Copyright: Protections and Prohibitions in Graphic Design,” 2007
  • “Your Fictional Literary Character: Trademark Cash Cow or Unprotectable Loser?,” Fredrikson & Byron’s Trademark TopicsSM, March 2007
  • “I Love You, You Hate Me:  Barney Loses Legal Bout to Stop On-line Parody,” Fredrikson & Byron’s Trademark TopicsSM, January 2007
  • “Sign, Sign, Everywhere a Sign: Restrictions on Signage and What You Can Do,” Fredrikson & Byron’s Trademark TopicsSM, December 2006
  • "Bank Name Robbery: Choosing and Policing Strong Marks," Fredrikson & Byron’s Bank Focus Newsletter, March 2006
  • He Said, She Said: Using Testimonials, Endorsements and Spokespeople; 2005
  • A Practical Guide to Selecting and Protecting Strong Trademarks in the Banking Industry; 2005
  • Don’t Play Games with Your Promotions: A Marketing Law Overview; 2005
  • Public Relations: Legal Landscapes & Landmines; 2005
  • Advertising Pitfalls: Common Mistakes, Creative Solutions; 2004
  • The Dangerous World Of Rebates, Free Offers and Pricing Claims; 2004
  • Using Phone, Fax and Email Advertising Effectively (and Legally); 2003
  • Misleading Advertising Under the Lanham Act: Watch Yourself and Your Competitors; 2003
  • Trademark Protection Basics: What, Where, When and How; 2003
  • Copyright Damages & the Internet; 2003
  • Madrid Protocol Update: A New Filing System For International Trademarks, co-authored with Dean R. Karau, 2003

Professional Activities

  • Account Executive, Carmichael Lynch Advertising, 1994-1999, managing marketing campaigns and building brands for such clients as Harley Davidson, Rollerblade and United HealthCare (an invaluable education for any ad law and trademark attorney)
  • Advertising Federation of Minnesota, Board member and legal counsel
  • American Marketing Association
  • American Institute of Graphic Arts, legal counsel
  • Co-editor, Trademark Topics Online Newsletter
  • MIPLA

Honors & Distinctions

  • Ranked a Top 50 Trademark Attorney in CSC Q2-2008 Trademark Insider Report
  • William Mitchell Law Review
  • Magna Cum Laude
  • Named 2007 Rising Star by Minnesota Law & Politics, Minneapolis St. Paul Magazine, and Twin Cities Business