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Aaron Taylor is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports; Intellectual Property and Digital Media, Technology & Privacy Practice Groups of Davis & Gilbert.

Mr. Taylor has broad experience in a range of intellectual property and media matters, including copyright, trademark, right of publicity and false advertising issues. Specifically, his practice involves counseling clients regarding the development and execution of multimedia advertising campaigns, challenging and defending cases before the National Advertising Division (NAD) of the Council of Better Business Bureaus, and assisting clients in other litigation and regulatory proceedings that arise in the advertising/intellectual property arena. Mr. Taylor also represents various publishers and retailers in domain name proceedings before the World Intellectual Property Organization.

In addition, Mr. Taylor was identified as a "Next Generation Lawyer" in the advertising and marketing category by The Legal 500 United States (2017).

Prior to joining Davis & Gilbert, Mr. Taylor was an intellectual property attorney at Weil, Gotshal & Manges LLP.

REPRESENTATIVE ENGAGEMENTS

  • Successfully represented one of the world's leading cosmetics companies in a National Advertising Review Board (NARB) appeal that overturned the NAD’s decision that the company’s clinical study was not sufficiently reliable and could not support the company’s product performance claims. The NARB decision ensured that the company could continue to tout the results of its clinical study and promote its product’s impressive benefits.
  • Represented a leading telecommunications company in an NAD challenge and NARB appeal regarding a competitor’s network dependability claims. Both the NAD and the NARB concluded that the competitor’s claims were unsupported and should be discontinued.
  • Defended a multinational technology company in an NAD challenge regarding various environmental claims, including claims that the company’s products were the "greenest." The NAD confirmed that the company's claims were substantiated and commended the company for its commitment to the environment.
  • Defended a leading printer manufacturer in an NAD challenge regarding advertising for the company’s cartridge-free printers. The NAD determined that the manufacturer’s cost-savings messages and implied environmental claims were substantiated.
  • Defended a leading sports helmet manufacturer in an NAD challenge brought by a competitor regarding various performance and superiority claims. The NAD concluded that many of the manufacturer's performance claims were substantiated and that the manufacturer's equipment provided superior protection.
  • Represented one of the world's leading cosmetics companies in an NAD challenge regarding a competitor’s product demonstrations and performance claims. The NAD concluded that the competitor’s claims and demonstrations were unfounded and ordered that the challenged claims be discontinued, resulting in extensive revisions to the competitor’s advertising and product packaging.
  • Defended a leading manufacturer of UV disinfection devices in an NAD compliance proceeding brought by a competitor. The NAD determined that the challenged claims were different than the claims at issue in the underlying proceeding and closed the compliance proceeding without requesting further action.
  • Successfully represented a leading television and Internet service provider in an NAD challenge regarding a competitor’s speed, performance and picture quality claims. A subsequent compliance proceeding ensured that the competitor’s unsupported claims were promptly discontinued.

SPEAKING ENGAGEMENTS

"Third Party Rights: Brand Licensing Network Clearances and Complex Rights Acquisitions," 39th Annual Brand Activation Association Marketing Law Conference, November 13-15, 2017

"Marketers Cry 'Green,' But Regulators See Red - Structuring Environmental Claims in Today's Regulatory Environment," Brand Activation Association Webinar, December 8, 2015

PUBLICATIONS

Co-Author, "Self-Regulation Meets Self-Mediation," 2017 Trends in Marketing Communications Law

Co-Author, "How to Avoid a Challenge," Inside Counsel, September 8, 2016 

Co-Author, "Many Challenges and Big Changes for the NAD," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "Advertising Regulatory Landscape: What In-House Counsel Need to Consider when Responding to An FTC or State AG Action," Inside Counsel, January 21, 2016

Co-Author, "Advertising Regulatory Landscape: What In-House Counsel Need to Know," Inside Counsel, December 3, 2015

Co-Author, "ABA Committees Recommend Widespread Changes to NAD Procedures and Practices," D&G Advertising, Marketing & Promotions Alert, April 2015

Co-Author, "A Banner Year For NAD Challenges," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "Regulators Continue Their Focus on Disclosures," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "NAD Recommends Changes to Online Travel Agency's Search Engine Marketing Claims," D&G Advertising, Marketing & Promotions Alert, February 2015

Co-Author, "Disclosures And Privacy Policies Head The New Year's To-Do List," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Co-Author, “Much To Do In 2014 To Respond To The NAD’s 2013 Rulings,” D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

NY State Bar Association
American Bar Association

BAR ADMISSIONS

New York

EDUCATION

Cornell Law School, J.D., 2003
Haverford College, B.A., 1998


The Legal 500 - The Clients Guide to Law Firms

REPRESENTATIVE ENGAGEMENTS

  • Successfully represented one of the world's leading cosmetics companies in a National Advertising Review Board (NARB) appeal that overturned the NAD’s decision that the company’s clinical study was not sufficiently reliable and could not support the company’s product performance claims. The NARB decision ensured that the company could continue to tout the results of its clinical study and promote its product’s impressive benefits.
  • Represented a leading telecommunications company in an NAD challenge and NARB appeal regarding a competitor’s network dependability claims. Both the NAD and the NARB concluded that the competitor’s claims were unsupported and should be discontinued.
  • Defended a multinational technology company in an NAD challenge regarding various environmental claims, including claims that the company’s products were the "greenest." The NAD confirmed that the company's claims were substantiated and commended the company for its commitment to the environment.
  • Defended a leading printer manufacturer in an NAD challenge regarding advertising for the company’s cartridge-free printers. The NAD determined that the manufacturer’s cost-savings messages and implied environmental claims were substantiated.
  • Defended a leading sports helmet manufacturer in an NAD challenge brought by a competitor regarding various performance and superiority claims. The NAD concluded that many of the manufacturer's performance claims were substantiated and that the manufacturer's equipment provided superior protection.
  • Represented one of the world's leading cosmetics companies in an NAD challenge regarding a competitor’s product demonstrations and performance claims. The NAD concluded that the competitor’s claims and demonstrations were unfounded and ordered that the challenged claims be discontinued, resulting in extensive revisions to the competitor’s advertising and product packaging.
  • Defended a leading manufacturer of UV disinfection devices in an NAD compliance proceeding brought by a competitor. The NAD determined that the challenged claims were different than the claims at issue in the underlying proceeding and closed the compliance proceeding without requesting further action.
  • Successfully represented a leading television and Internet service provider in an NAD challenge regarding a competitor’s speed, performance and picture quality claims. A subsequent compliance proceeding ensured that the competitor’s unsupported claims were promptly discontinued.

SPEAKING ENGAGEMENTS

"Third Party Rights: Brand Licensing Network Clearances and Complex Rights Acquisitions," 39th Annual Brand Activation Association Marketing Law Conference, November 13-15, 2017

"Marketers Cry 'Green,' But Regulators See Red - Structuring Environmental Claims in Today's Regulatory Environment," Brand Activation Association Webinar, December 8, 2015

PUBLICATIONS

Co-Author, "Self-Regulation Meets Self-Mediation," 2017 Trends in Marketing Communications Law

Co-Author, "How to Avoid a Challenge," Inside Counsel, September 8, 2016 

Co-Author, "Many Challenges and Big Changes for the NAD," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "Advertising Regulatory Landscape: What In-House Counsel Need to Consider when Responding to An FTC or State AG Action," Inside Counsel, January 21, 2016

Co-Author, "Advertising Regulatory Landscape: What In-House Counsel Need to Know," Inside Counsel, December 3, 2015

Co-Author, "ABA Committees Recommend Widespread Changes to NAD Procedures and Practices," D&G Advertising, Marketing & Promotions Alert, April 2015

Co-Author, "A Banner Year For NAD Challenges," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "Regulators Continue Their Focus on Disclosures," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "NAD Recommends Changes to Online Travel Agency's Search Engine Marketing Claims," D&G Advertising, Marketing & Promotions Alert, February 2015

Co-Author, "Disclosures And Privacy Policies Head The New Year's To-Do List," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Co-Author, “Much To Do In 2014 To Respond To The NAD’s 2013 Rulings,” D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

NY State Bar Association
American Bar Association

BAR ADMISSIONS

New York

EDUCATION

Cornell Law School, J.D., 2003
Haverford College, B.A., 1998


The Legal 500 - The Clients Guide to Law Firms