Advertising, Marketing & Trademark
We believe it’s important to have backgrounds that provide a strategic advantage to our clients. That’s why our group is comprised of former ad executives and in-house counsel, teachers, litigators and licensing experts who are trained to understand your market, your language, your deadlines, your competition and your need for business-focused legal advice.
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What We Do
With our unique backgrounds and dedicated experience in the business world, our Advertising, Marketing & Trademark (AMT) Group has the comfort level and confidence to provide smart, fast, creative and practical solutions to your branding challenges. We’re up-to-speed on the business world and uniquely situated to hit the ground running, whether we’re managing an international trademark portfolio or finding creative ways to minimize advertising risk.
We’re not patent or corporate attorneys moonlighting on advertising, trademark and copyright projects. We’re creative thinkers with creative backgrounds who provide clients with a true ally in protecting, enhancing and trouble-shooting your brand assets.
Trademark & Copyright
Attorney Ann Dunn Wessberg recently joined Fredrikson & Byron as chair of the firm’s Trademark Group. “Ann is a leader that is uniquely familiar with the business challenges in-house counsel face in terms of the pressures on money, people and time,” said Lora Friedemann, chair of Fredrikson’s Intellectual Property Division. “She has more than 20 years of experience serving as a trademark and copyright attorney in private practice and in-house and will be able to benefit our clients by providing a comprehensive approach to brand development and management through strategic clearance, prosecution, use and enforcement of trademarks.” Learn more about Ann.
The Trademark Group advises and represents businesses and individuals in every imaginable industry, both in the United States and throughout the world.
We clear, register, maintain, and protect clients' trademarks and help them develop and implement creative intellectual property protection strategies for building brand and product value around the globe.
We offer them the following services:
Worldwide registrability and availability searches
Trademark validity and infringement opinions
Preparing, filing, and prosecuting trademark applications in the U.S. and internationally
Conducting trademark opposition and cancellation proceedings
Trademark litigation, including infringement, counterfeiting, cybersquatting, and grey-market goods.
Copyright registration, protection, and litigation
Trade secret protection and litigation
Trademark and copyright license agreements
Music license agreements
Domain name registrations and disputes
Due diligence for intellectual property transactions
Trademark and brand counseling, including portfolio management
Advertising & Promotion
We advise and represent advertisers, advertising, direct marketing, and sales promotion agencies, designers, illustrators, photographers, and other creative service businesses of all sizes throughout the country.
The services we offer these clients include:
Advertising copy compliance
Sweepstakes compliance and official rules
Talent & celebrity contracts
Privacy & publicity rights issues
Competitive advertising disputes & litigation
Television network clearance
Disclaimers & disclosures advice
Confidentiality & non-disclosure agreements
Hold-harmless & indemnification agreements
Product labeling and warranties
Errors & omissions insurance review
News & Articles
February 3, 2017
Does your trademark registration identify multiple goods or services in a single class? If so, you could be subject to a random audit to make sure you are using your mark with all the goods and services claimed.Read More
December 22, 2016
With support from the Department of Justice (DOJ), the U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) launched a new program to stop the illegal importation and distribution of dangerous counterfeit consumer electronics at the border.Read More
September 27, 2016
The Federal Trade Commission (FTC) Bureau of Consumer Protection released a highly-anticipated report on lead generation on September 15, 2016. The paper summarizes staff perspectives on the topics covered at the FTC’s workshop on lead generation entitled “Follow the Lead” on October 30, 2015. Specifically, the report details the mechanics of online lead generation as well as the benefits and concerns associated with lead generation for both businesses and consumers.Read More
June 1, 2016
Debuting in the 2016 edition of the IAM Patent 1000: The World’s Leading Patent Professionals were Lora Friedemann and Ann M. Ladd. Also ranked again were Thomas R. Hipkins, Kurt J. Niederluecke, Charles D. Segelbaum and David C. West. The IAM Patent 1000 identifies the top patent professionals in key jurisdictions around the world.Read More
April 27, 2016
Three blind law school graduates just filed a federal class action lawsuit in Texas, alleging that BarBri, Inc., the leading bar exam test prep company, violated Title III of the Americans with Disabilities Act by “maintaining barriers to the accessibility of its services for blind students who use talking screen reading software and failing to make reasonable accommodations or provide auxiliary aids or services.” See, Stanley V. BarBri, Inc.Read More
April 18, 2016
Important changes in the regulations governing European Union Community Trademarks (formerly CTMs, now called EUTMs) may affect the scope of your trademark protection for CTM applications filed before June 22, 2012.Read More
April 1, 2016
In October 2015, the Federal Trade Commission (FTC) said that it was investigating the advertising practices of Volkswagen Group of America, Inc. (Volkswagen) after it was uncovered that Volkswagen fitted its “clean diesel” automobiles with illegal emission defeat devices meant to mask emissions during government tests.Read More
March 24, 2016
On March 23, 2016, the state’s high court clarified that domain names are property subject to garnishment under Minnesota law. Sprinkler Warehouse, Inc. v. Systematic Rain, Inc., d/b/a GPLAWN.com, No. A14-1121 (Minn. March 23, 2016).Read More
March 2, 2016
LifeLock will pay $100 million to the Federal Trade Commission (FTC) to settle the FTC’s contempt charges that the company violated a 2010 federal court order that requires the company to protect consumers’ personal information and stop its deceptive advertising. This settlement is the largest award the FTC has obtained in an enforcement action.Read More
100 Bottles of Beer on the Wall (All with the Same Name) – What’s Wrong with Co-Existence Agreements?
March 1, 2016
Are co-existence agreements no longer a surefire strategy for getting a trademark registration in the face of a likelihood of confusion refusal? That could be the takeaway from the Trademark Trial and Appeal Board’s (TTAB) recent decision in which it held that a co-existence agreement was insufficient to overcome a refusal based on likelihood of confusion. In re Bay State Brewing Co., Inc., Serial No. 85826258 (Feb. 25, 2016).Read More