Alexis E. Payne
Alexis leads the Firm's advertising, promotional marketing, and media practice and is a part of the firm's trademark and litigation practices. She has extensive experience in assisting clients with the design and implementation of advertising and promotional campaigns that comply with the law and promote brand identity in the marketplace. Alexis' practice also includes the representation of clients in advertising disputes in court and before the National Advertising Division (NAD) and the National Advertising Review Board (NARB). Alexis also assists clients with a wide array of copyright-related matters, from the integration of third-party copyright content into social media promotional campaigns to copyright infringement litigation. Alexis is a frequent speaker and author on cutting-edge advertising and intellectual property topics.
Alexis counsels a wide variety of clients in all aspects of advertising, promotional marketing, and media, including:
Advertising and marketing campaigns, ensuring compliance with state and federal laws and regulations, industry guidelines and evolving best practices.
Competitive advertisement claims and substantiation required to support advertising claims.
Environmental advertising and compliance with controlling laws, regulations, and guidelines.
Unfair competition issues in advertisements, including class action representation.
Sweepstakes and contests, including contests involving user-generated content.
Gift cards, gift certificates, rebate programs and other brand loyalty marketing tools.
Endorsements and testimonials.
Sponsorship and fulfillment agreements.
Social media, including associated intellectual property, right of publicity, defamation, First Amendment, and corporate responsibility issues.
Privacy and data security on the Internet, including preparation and review of web site privacy policies and terms of use.
Intellectual property licenses, assignments, confidentiality, publicity and non-disclosure agreements.
Internet domain name procurement, protection, and enforcement against cybersquatters.
Branded entertainment, including agreements for the integration of brands into various media channels, including product placement.
Children's Online Privacy Protection Act (COPPA).
State and federal laws and industry guidelines on direct mail and e-mail marketing, including CAN-SPAM.
Industry
Expertise
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Automobiles & Components
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Commercial Services & Supplies
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Energy
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Food, Beverage & Tobacco
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Food & Drug Retailing
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Health Care Equipment & Services
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Hotels, Restaurants & Leisure
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Insurance
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Media
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Online Gaming and Entertainment
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Retailing
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Software & Services
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Telecommunication Services
Trials, Appeals & Litigation
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MasterCard International Inc. v. Michael Yanda, Case No. 4:2008cv00565 (N.D. Fla. 2009, Judge Mickle) (cybersquatting domain name dispute settled before trial with payment to MasterCard)
(Domain Name, Internet)
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PepsiCo, Inc. v. Grande Produce Ltd. Co., Case No. 7:2008cv00262 (S.D. Tex. 2009, Judge Hinojosa)
(Trademark Infringement)
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PepsiCo, Inc. v. Marroko USA LLC, Case No. 3:2009cv00338 (N.D. Tex. 2009, Judge Boyle)
(Gray Market Enforcement, Trademark Infringement)
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PepsiCo, Inc. v. Shalabi, Case No. 2:2009cv03989 (C.D. Cal. 2009, Judge Lew)
(Trademark Infringement)
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The Cradle Society v. Zalon et al.,, Case No. 1:2009cv00815 (N.D. Ill., Judge Manning)
(Trademark Infringement, ACPA, Trademark Dilution)
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Linear Technology Corp. v. Maxlinear, Inc., Opp. No. 91172470 (TTAB 2009)
(Trademark)
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SPECS GmbH v. SPECS Scientific Instruments, Inc., d/b/a SPECS Technologies Corporation, Case No. D2009-0308 (WIPO 2009) (Domain names transferred to client)
(Internet, E-Commerce and Computer Technology, Deceptive Trade, Trademark)
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Kohler Company (regarding Toilets), challenged by American Standard Brands, Case No. 5000 (National Advertising Division and National Advertising Review Board)
(Advertising)
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Daimler Trucks North America LLC (Freightliner Cascadia), Case No. 4905 (9/8/08) (represented Navistar, Inc. (formerly International Truck and Engine Corporation) before the National Advertising Division (NAD) regarding Daimler Trucks' advertised fuel savings claims, resulting in NAD's recommendation that the claims be discontinued)
(Advertising)
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Vulcan Golf, LLC v. Google, Inc. et al. (including Internet REIT), 552 F.Supp.2d 752 and 2008 WL 2959951 (N.D. Ill. 2008, Judge Manning)
(Internet, E-Commerce and Computer Technology, Trademark Infringement)
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Slazengers Ltd. v. The Sports Authority, Inc., Case No. 1:2007-cv-01024 (E.D. Va. 2008, Judge O'Grady) (gray market golf ball case)
(Trademark)
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The Buona Companies, L.L.C. v. AFC Enterprises, Case No. 1:2008cv00757 (N.D. Ill. 2008, Judge Bucklo)
(Trademark Infringement)
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Vanlines.com LLC v. Movers.com, Case No. 1:2006cv14250 (S.D.N.Y. 2007, Judge Chin) (Case dismissed)
(Trade Dress)
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Carnival Plc (plaintiff in multiple cases for domain name infringement), Case Nos. FA0706000997910, FA0706001015446, FA0706000997970, FA0706000997916, FA0706000997973, FA0706001015100, FA070600097923, FA0706000997914, FA0706000997909 (NAF 2007) (Domain names transferred to client)
(Internet, E-Commerce and Computer Technology)
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U. S. Cellular Corp. v. T-Mobile USA, Inc., Case No. 1:2007cv01153 (N.D. Ill. 2007, Judge St. Eve)
(Advertising)
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Pusateri v. Cooley et al., Case No. 2005-L-002693 (Circuit Court of Cook County, Judge Flanagan)
(Defamation)
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SWIMC, Inc. v. Fine Paints of Europe, Inc., Case No. 1:2006cv00194, (D. Del. 2006, Judge Farnan, Jr.)
(Trademark)
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Rudnicki v. WPNA 1490 AM, et al, Case No. 1:2004cv05719 (N.D. Ill. 2004, Judge Moran)
(Copyright)
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NEC Mitsubishi Electronics Display of America, Inc. v. ViewSonic Corp., Case No. 1:2002cv08304 (N.D. Ill. 2003, Judge Schenkier)
(Advertising)
Professional
Activities
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American Bar Association Special Committee on Promotion and Marketing Law
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Vice Chair (2010-2011)
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American Bar Association Special Committee on Promotion and Marketing Law
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Member
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American Bar Association, Media Law Group
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Member
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American Bar Association, Litigation Group
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Member
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Chicago Bar Association
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Member
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Promotion Marketing Association
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Member
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Chicago Interactive Marketing Association
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Member
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Lawyers for the Creative Arts
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Member
Publications
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New .co Domain Names Now Available, Pattishall IP News (July 2010)
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New Virginia Promotions Statute to Take Effect on July 1, 2010, Pattishall IP News (June 2010)
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Defamatory "Tweet" Complaint Dismissed, Pattishall IP News (February 2010)
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FDA Announces Intent to Target Nutritional Claims on Food Packaging, Pattishall IP News (October 2009)
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FTC Announces Revised Guides on the Use of Endorsement and Testimonials in Advertising, Pattishall IP News (October 2009)
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New Federal Law Requires Gift Cards And Gift Certificates To "Clearly and Conspicuously" Disclose Fees and Expiration Terms, Pattishall IP News (June, 2009)
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FTC to Study How Consumers See "Green" Marketing, Pattishall IP News (May 2009)
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Gift Card Issuers Traverse Shifting Legal Terrain: Recent Developments in Gift Card Litigation and Legislation, Pattishall IP News (May, 2009)
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California Passes Amended Sweepstakes Law, Pattishall IP News (March, 2009).
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Co-authored Real World Implications of Virtual Trademark Infringement, Pattishall Newsletter (Winter 2007)
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Co-authored Protection for Minors or Minor Protection? An Update on Utah and Michigan's New Child Protection Registries, an article published in the Promotion Marketing Association (PMA) 2005 Law and Forms Guidebook
Presentations
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"Out With the Old - Technology's Impact on Promotions," PMA's 33rd Annual Promotion Marketing Law Conference, Chicago, IL (November 2011)
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"Mobile Marketing Roundtable," Co-Chair, Chicago, IL (June 2011)
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"Green Marketing: Understanding the science behind 'green' and creating cost-effective and compliant marketing programs," American Conference Institute's Conference on Environmental Advertising and the FTC's Revised Green Guides, Chicago, IL (May 2011)
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"Mobile Marketing Law Roundtable," Host, 26th Annual Intellectual Property Law Conference, Arlington, VA (April 2011)
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"Creating the Blueprint to Bring Social Media into Your Organization, part 3," Panelist, Business Marketing Association, Chicago, IL (March 2011)
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"How Far Can/Should You Go With Your Promotion," PMA's 32nd Annual Promotion Marketing Law Conference, Chicago, IL (November 2010)
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"Social Networking," Co-host and Moderator, ABA Special Committee on Promotion and Marketing Law's Chicago Roundtable (May 2010)
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"Emerging Trends & Hot Topics In False Advertising," Intellectual Property CLE Forum, Chicago, IL (April 2010)
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"The Basics of Intellectual Property 2010," 31st Annual Promotion Marketing Law Conference, Chicago, IL (November 2009)
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"New Frontiers in Marketing & Advertising," Intellectual Property Owners (IPO) Association's Annual Meeting, Chicago, IL (September 2009)
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"The Legal Top Ten: What You Need to Know to Avoid Promotion Disaster," Chicago Motivation Show, Chicago, IL (September 2007)