Barry Benjamin focuses his practice on advertising, intellectual property, technology, and media law in the areas of litigation, advice and counseling, and regulatory defense. He has represented major corporate advertisers, start-up ventures, and small and medium-size agencies and companies.
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.
Outside of the litigation context, Mr. Benjamin advises and counsels clients in the areas of advertising, technology, and media. Mr. Benjamin's understanding and breadth of knowledge of the broad areas under the umbrella of "advertising law," including trademarks, copyright, the First Amendment, the rights of privacy and publicity, fair use, marketing and trade practices, licensing, and consumer privacy and data security, informs his ability to provide reasoned, experienced judgment and legal/risk analysis to his clients. Mr. Benjamin 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 networking, user-generated content, direct mail marketing, telemarketing, and charitable marketing programs. He also assists clients in developing and maintaining their intellectual property portfolios (including copyright and trademark registration); in trademark prosecution; in the availability, use, registration, and enforcement of trademarks; and in opposition and cancelation proceedings in the U.S. Patent and Trademark Office.
His practice includes privacy and technology-related areas such as advising on and assisting in the development of behavioral targeting and 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.
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 was recognized as a New York "Super Lawyer" in the area of First Amendment/Media /Advertising Law by SuperLawyers magazine in 2009 and 2011 and was listed in The Best Lawyers in America® for Advertising Law in 2011 and 2012.
Professional & Community Activities
New York City Bar Association, Information Technology Committee
New York City Bar Association, Consumer Affairs Committee, Former Member
Promotion Marketing Association, Government and Legal Affairs Committee