The increased adoption of technology and a social media culture has opened enormous opportunity for advertising campaigns worldwide.
With this new opportunity comes new risks that brand protection professionals need to be aware of as they counsel clients, INTA Daily News reported.
This awareness requires a broader understanding of the risk landscape to not only identify traditional trademark risks but to spot any additional brand risks triggered by ad campaigns across media channels and jurisdictions.
Michael Justus, partner, Intellectual Property, told INTA Daily News that today's trademark counsel may be the only backstop who can adeptly spot many important legal issues beyond pure trademark law.
Key areas include copyright, rights of publicity, domain names, social media, privacy and advertising law.
"It may not be necessary to be an expert in all of these areas — but at least spotting the issues and getting them in front of the right person to mitigate risk is key," Mike said.
Mike also noted the challenges of counseling on trademark and advertising matters that cross multiple jurisdictions.
"The reality is that one fairly straightforward advertisement may raise a dizzying array of legal issues," he said.
"IP Practice: A Broader Understanding," INTA Daily News, November 16, 2021
"INTA Annual Meeting: The Holistic Brand Lawyer: Stretching Your Practice Beyond Trademarks," November 15-19, 2021