Barry M. Benjamin focuses his practice on advertising, intellectual property, technology, and media law in the areas of advice and counseling, regulatory defense, and litigation. He represents clients of all size, from multinational corporate advertisers and agencies to start-up ventures.
Mr. Benjamin's understanding and breadth of knowledge of the broad areas under the umbrella of "advertising law" informs his ability to provide reasoned, experienced judgment and legal/risk analysis, including areas such as claim substantiation, fair use, social media, marketing and trade practices, trademarks, copyright, the First Amendment, the rights of privacy and publicity, licensing, and consumer privacy and data security. Mr. Benjamin also drafts and negotiates contracts ranging from traditional agency-client, co-promotion, talent, endorsement and sponsorship agreements to Internet advertising, content licensing, and copyright and trademark licensing deals. He advises on the structure of and reviews advertising and marketing campaigns, and drafts terms and conditions for all forms of advertising and promotion initiatives, including sweepstakes, contests, social media, online and app gaming, direct mail, telemarketing, and charitable marketing programs.
His practice includes advising in the areas where traditional and digital media converge, where new distribution platforms and data gathering tools push the boundaries of technology, privacy, copyright, and content. This includes areas such as the development of data collection and interest based advertising policies, privacy policies, website terms of use, data collection, data security, and breach notification policies. He also drafts and negotiates technology contracts such as web site content and development agreements, affiliate agreements, and software licensing deals.
As an experienced litigator, Mr. Benjamin handles false advertising and trademark claims under the Lanham Act, trade dress violations, copyright claims, misappropriation, and fraud claims.
Mr. Benjamin also has extensive experience representing advertisers and marketers in regulatory investigations before government agencies, in competitor challenges through the self-regulatory process, and in dealing with consumer complaints and class actions.
Mr. Benjamin is a frequent public speaker on advertising, marketing, privacy, and emerging media issues, and has written articles in many different publications. He was recognized as a New York "Super Lawyer" in the area of First Amendment/Media /Advertising Law by SuperLawyers magazine and was listed in The Best Lawyers in America® for Advertising Law.
