The Art Of Intellectual Property Law With Fross Zelnick

Since its founding over 55 years ago, intellectual property and data privacy law firm, Fross Zelnick, has been ranked at the top of its profession, providing many Fortune 100 companies, luxury brands, celebrities, and start-ups with best-in-class intellectual property advice and brand management. Many of the world’s most celebrated brands – including Gucci, Louis Vuitton, Four Seasons Resorts & Hotels, Estée Lauder, Johnson & Johnson, and Warner Brothers, to name a few – trust Fross Zelnick to help protect their valuable trademark and copyright assets in the United States and throughout the world.

Deluxe Version recently caught up with  Amanda Agati, partner at Fross Zelnick, to talk about the firm’s client-centric approach and the challenges her clients are facing in today’s market.

Fross Zelnick has been around for over 50 years and is consistently ranked at the top. What sets it apart from the competition, including much bigger firms?

First and foremost, our clients tell us that we stand apart because of our depth of knowledge, our responsiveness, and our practical approach. We truly partner with our clients to understand their business objectives and give them advice tailored to their goals.

“Our clients appreciate our extensive international reach – we represent clients in every corner of the world and help them strategize on IP issues locally, regionally, and globally, all at the same time. It is for this reason that so many expanding companies and global brands keep us in such a close, advisory role.”

We understand our clients’ industries. Protecting a luxury brand is a different challenge from protecting a tech brand, which is different than protecting a line of renowned consumer products. Clients want sophisticated, practical advice in a timely manner. That’s what I pride myself on providing.

We also really love what we do. It’s that kind of passion backed up by talent that sets us apart.

For our readers who are a little less familiar with intellectual property, can you explain exactly what you do?

We focus on helping companies, large and small, entrepreneurs, and celebrities protect their brands all over the world – whether it be trademarks, copyrights, or design patents.

Trademarks are the brand identity – it tells the consumer who makes the good or provides the service. Copyrights protect original works – a song, an image. Design patents protect the look of a product. We also advise on data privacy and advertising issues.

You clearly have a real zeal for intellectual property law. What do you love most about what you do?

IP is a fun field and it’s relatable – we’re all consumers; everywhere you look there is branding.

We’re also helping our clients protect a crucial component of their value – namely their brand. For many businesses, especially in the luxury space, reputation and brand are everything. Our clients trust us with that, and that is an honor.

Your firm represents some of the most well-known brands, celebrity icons and startups. What’s it like to represent such a wide variety of high-profile clients? How does your approach differ with each one? 

Every one of our clients is different. Budgets, risk tolerance, ambitions. We learn what’s most important to them, and we work together to develop a path to get them their desired result and goals. Our focus on client care is non-negotiable.

“Certainly, startups have different challenges and experiences than long-established brands. When they come to us, they get the benefit of our expertise from working with the big brands, but we adjust the dials accordingly. We tailor the approach to meet the client where they are.” 

When working with startups, we help them focus on how to maximize their budget for their current business needs – but we’re also helping them plan for the next steps. For our well-established brands, many have huge global IP portfolios and operate in hundreds of markets. We’re carefully protecting these very valuable assets, all while focusing on what’s critical to their business. For the celebrities and artists, we know they can be targets of the press and bad actors who might see them as a deep pocket, so we guide them thoughtfully as they launch their brands.

What is something the average entrepreneur or investor might not realize about IP protection, especially in today’s environment?

Many don’t realize that the name they pick for their brand dictates whether they are going to have trademark problems or not. A quick conversation with us early on can give them invaluable knowledge and steer them on the right path.

There are a lot of nuances and gray areas in trademark law. We’ve seen new clients come to us after spending a good deal of money thinking they have certain rights, and they don’t. Or that they have rights that are not as strong as they thought. That’s why it’s important to go to the experts right from the start. And, if they haven’t, we’re here to help get things straightened out as seamlessly as possible.

Going global may be just around the corner. Time and time again, we see companies achieve a certain level of success, only to find out that they are precluded from entering their growth markets. Or worse, they come to us with a cease-and-desist letter because they launched in a new market without the rights they needed. We help anticipate these issues and solve for them. Everything is global now – and third-party sales platforms and social media have amplified that. It’s important to think ahead.

Plus, for companies seeking funding, having clearance and protection in key markets shows you are serious about your brand and increases its value. IP is an asset.

Given that you’ve been practicing for 15 years now, you’ve probably seen a lot of changes in your field! What are the main changes you are seeing?

Clients, large and small in most industries, are trying to keep up with today’s rapidly evolving data privacy landscape. Surprisingly, many of them don’t understand the threat this space can be to their bottom line and brand. Fross Zelnick recently launched a data privacy group focused on devising solutions that strike a balance between meeting legal requirements and mitigating risk, while preserving business strategy.

For more information, visit frosszelnick.com