Areas of Focus
“My goal is not to say no to what the client wants, but to find a way to make it work.”
Overview
Brooke Erdos Singer helps clients achieve brand success, coordinating the myriad of trademark, contract, advertising and marketing issues businesses face. She advises a wide variety of U.S. and international clients that range from startups to celebrities and iconic brands.
Brooke takes a 360-degree view of brands, and is often involved at the outset of product or campaign development. Because she combines counseling, transactional and litigation experience, Brooke is able to anticipate how creative decisions may play out in various scenarios. Clients rely on her for guidance on trademark clearance, prosecution, portfolio management, brand monetization, brand protection and enforcement. Acting as an integral member of the client’s team, she is a valued early reviewer who can spot risk and find commercially viable alternatives when needed. In addition, her insights help clients navigate international legal and cultural issues in marketing campaigns.
Clients appreciate Brooke’s practical, eyes-on-the-prize approach. She is creative and flexible and doesn’t get mired in nonessential details. Whether the matter involves a professional service agreement, a talent contract or a trademark license, Brooke keeps her clients’ priorities and interests firmly at the forefront.
In the event of disputes, Brooke works closely with the firm’s litigation team to craft compelling arguments or early resolutions that are consistent with her client’s overall goals.
Knowledgeable, reliable, candid, efficient and practical, Brooke makes each client feel seen, heard and well represented. She works extensively in the advertising, entertainment, fashion and beauty, food and restaurant, and gaming industries.
Representative Experience
- Managing the U.S. and international trademark portfolio for a leading video game and e-sports company. Overseeing clearance, prosecution, maintenance and contentious matters, including a large volume of opposition and cancellation proceedings.
Helped a celebrity client and trademark owner combat online marketing schemes fraudulently claiming that he endorsed certain medical cannabis/CBD oil products. Strategically filed a trademark, right of publicity and false endorsement action against certain marketers we identified after performing an online forensic investigation of the infringing ads. Identified additional involved parties through our forensic findings and information we obtained through subpoenas. Negotiated confidential settlements to ensure that the infringing activity ceased. We were able to protect the client's reputation, collect settlement payments from infringers and also brought to light the harm to unsuspecting consumers who were misled by the infringing and deceptive marketing tactics.
Obtained federal trademark registrations for a celebrity client, overcoming substantive registration refusal and securing the cancellation of a blocking registered mark through a Trademark Trial and Appeals Board proceeding.
Created and executed brand protection program for a television personality, which involved continuously and effectively removing a high volume of trademark, copyright, and right of publicity infringements on social media platforms, on websites and in online marketplaces.
Managing the domestic and international trademark portfolio of a well-known fashion brand, including conducting trademark clearance searches, filing and prosecuting new trademark applications, maintaining existing trademark registrations and handling enforcement actions.
Counseling a leading fashion company on trademark, copyright, right of publicity and Lanham Act issues related to advertising campaigns including negotiating high-profile talent agreements.
Insights + Events
- Event New York State Bar Association | Women in Intellectual Property: Special December Edition!
December 6, 2023
- Alert Is the Legal Test for Expressive Use of a Trademark on The Rocks? Jack Daniel’s Prevails at the Supreme Court
July 25, 2023
- Alert Key Influences on the Cannabis Market in 2023
April 20, 2023
- Alert Top 10 Advertising and Marketing Issues for 2023
January 24, 2023
- Press Mention NYSBA | New Section Chairs Take Office
July 5, 2022
- Exploring the Metaverse and Web 3.0 – More than Crypto and NFTs Welcome to the Metaverse: Legal Issues Marketers Need To Consider
June 2, 2022
- Trends in Marketing Communications Law Spinning Out of Trademark Protection: Highly Distinctive Marks Versus Generic Terms
April 13, 2022
- Trends in Marketing Communications Law Capsule Collections Capture a Moment in Time
April 13, 2022
- Balancing Compliance and Creativity in Regulated Industries Bright Ideas | Puff Puff Passing Off: Chronic Trademark Issues in the Growing Industry of Legal Cannabis
September 14, 2021
- Event International Advertising Association Webinar | Evolving Restrictions on the Use of Corporate Branding
September 9, 2021
- View More
Credentials
Education
- University of Denver College of Law (J.D., 1995)
- Fellowship, Center for Public Policy and Contemporary Issues, 1993-1995
- University of Denver (B.A., with honors, 1992)
Bar Admissions
- New Jersey
Court Admissions
- U.S. District CourtDistrict of New Jersey
Associations
Member, Davis+Gilbert Diversity, Equity and Inclusion Committee
Member, Davis+Gilbert Executive Committee
Member, Davis+Gilbert Women's Forum Committee
Member, New York State Bar Association,
— Chair, Intellectual Property Section
— Chair, Advertising Law Committee
— Member, Diversity Committee
— Member, Task Force on Artificial Intelligence
Member, International Trademark Association,
— Member, Building Bridges Committee
— Co-chair, Advertising and Marketing Sector Subcommittee