Alexis E. Payne

Phone: 312-554-7931

Email: apayne@pattishall.com

Intellectual Property News

Education

  • Ohio State University College of Law (J.D., 1999)
  • University of Michigan (B.A. English and Psychology, With Distinction, 1996)

Bar Admissions

Illinois

Industry Expertise

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Trials, Appeals & Litigation

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Professional Activities

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Publications

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Presentations

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Alexis E. Payne

Alexis leads the Firm's advertising, promotional marketing, and media practice and is a part of the firm's litigation practice. 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 counsels a wide variety of clients in all aspects of advertising, promotional marketing, and media, including:

Advertising

  • 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.

  • Food, beverage, and dietary supplement labeling review to ensure compliance with controlling laws and regulations, including the Food Drug and Cosmetic Act (FDCA), the Fair Packaging and Labeling Act (FPLA), and the Dietary Supplements Health and Education Act (DSHEA).

  • Environmental advertising and compliance with controlling laws, regulations, and guidelines.

  • Unfair competition issues in advertisements, including class action representation.

Promotional Marketing

  • Sweepstakes and contests, including contests involving user-generated content.

  • Gift cards, gift certificates, rebate programs and other incentive and brand loyalty marketing tools.

  • Endorsements and testimonials.

  • Promotions in highly regulated fields, such as alcohol, gasoline, dairy and dietary supplements.

  • Sponsorship and fulfillment agreements.

Media

  • 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) and state child protection registry laws.

  • State and federal laws and industry guidelines on direct mail and e-mail marketing, including CAN-SPAM.

In addition, Alexis counsels clients on the clearance, use, and protection of trademarks, service marks, trade names and trade dress. 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.

Industry Expertise

  • Automobiles & Components
  • Hotels, Restaurants & Leisure
  • Media
  • Retailing
  • Food & Drug Retailing
  • Food, Beverage & Tobacco
  • Energy
  • Insurance
  • Health Care Equipment & Services
  • Commercial Services & Supplies
  • Software & Services
  • Telecommunication Services

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Trials, Appeals & Litigation

  • 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)
  • PepsiCo, Inc. v. Grande Produce Ltd. Co., Case No. 7:2008cv00262 (S.D. Tex. 2009, Judge Hinojosa) (Trademark Infringement)
  • PepsiCo, Inc. v. Marroko USA LLC, Case No. 3:2009cv00338 (N.D. Tex. 2009, Judge Boyle) (Gray Market Enforcement, Trademark Infringement)
  • PepsiCo, Inc. v. Shalabi, Case No. 2:2009cv03989 (C.D. Cal. 2009, Judge Lew) (Trademark Infringement)
  • The Cradle Society v. Zalon et al.,, Case No. 1:2009cv00815 (N.D. Ill., Judge Manning) (Trademark Infringement, ACPA, Trademark Dilution)
  • 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)
  • Kohler Company (regarding Toilets), challenged by American Standard Brands, Case No. 5000 (National Advertising Division and National Advertising Review Board) (Advertising)
  • 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)
  • 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)
  • The Buona Companies, L.L.C. v. AFC Enterprises, Case No. 1:2008cv00757 (N.D. Ill. 2008, Judge Bucklo) (Trademark Infringement)
  • Vanlines.com LLC v. Movers.com, Case No. 1:2006cv14250 (S.D.N.Y. 2007, Judge Chin) (Case dismissed) (Trade Dress)
  • 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)
  • U. S. Cellular Corp. v. T-Mobile USA, Inc., Case No. 1:2007cv01153 (N.D. Ill. 2007, Judge St. Eve) (Advertising)
  • Pusateri v. Cooley et al., Case No. 2005-L-002693 (Circuit Court of Cook County, Judge Flanagan) (Defamation)
  • SWIMC, Inc. v. Fine Paints of Europe, Inc., Case No. 1:2006cv00194, (D. Del. 2006, Judge Farnan, Jr.) (Trademark)
  • Rudnicki v. WPNA 1490 AM, et al, Case No. 1:2004cv05719 (N.D. Ill. 2004, Judge Moran) (Copyright)
  • NEC Mitsubishi Electronics Display of America, Inc. v. ViewSonic Corp., Case No. 1:2002cv08304 (N.D. Ill. 2003, Judge Schenkier) (Advertising)

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Professional Activities

  • American Bar Association Special Committee on Promotion and Marketing Law : Vice Chair (2010-2011)
  • Room to Read, Chicago chapter : Board Member
  • American Bar Association Special Committee on Promotion and Marketing Law : Member
  • American Bar Association, Media Law Group : Member
  • American Bar Association, Litigation Group : Member
  • Chicago Bar Association : Member
  • Promotion Marketing Association : Member
  • Chicago Interactive Marketing Association : Member
  • Lawyers for the Creative Arts : Member

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Presentations

  • "Social Networking," Co-host and Moderator, ABA Special Committee on Promotion and Marketing Law's Chicago Roundtable (May 2010)
  • "Emerging Trends & Hot Topics In False Advertising," Intellectual Property CLE Forum, Chicago, IL (April 2010)
  • "The Basics of Intellectual Property 2010," 31st Annual Promotion Marketing Law Conference, Chicago, IL (November 2009)
  • "New Frontiers in Marketing & Advertising," Intellectual Property Owners (IPO) Association's Annual Meeting, Chicago, IL (September 2009)
  • "The Legal Top Ten: What You Need to Know to Avoid Promotion Disaster," Chicago Motivation Show, Chicago, IL (September 2007)

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