The Art Of Intellectual Property Law With Fross Zelnick

Since its founding over 50 years ago, intellectual property and data privacy law firm, Fross Zelnick, has been ranked at the top of their 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 them protect their valuable trademark and copyright assets in the United States and throughout the world.

Deluxe Version recently caught up with Amanda Agati, one of the firm’s partners, to talk about the firm’s client-centric approach and about the challenges she’s seeing through the eyes of her clients.

Fross Zelnick, has been around for over 50 years and is consistently ranked at the top. What sets your firm apart?

First and foremost, our clients are the ones who tell us that we stand apart.  We truly partner with our clients to understand their business objectives and give them advice that’s tailored to their goals. They tell us that we’re the best-in-class and they appreciate the depth and breadth of our knowledge.

We have extensive international reach – we represent clients in every corner of the world and help manage IP issues on a global basis – having this range of knowledge is helpful to both expanding companies and global brands.

Because we work so closely with our clients, we really understand our clients’ industries and we represent clients in a wide range from luxury and fashion to tech and consumer products. Our clients appreciate the sophisticated advice they get as a result of that experience.

This great client feedback comes from the fact that we really love what we do. It’s that kind of passion backed up by talent that sets us apart.

You clearly have a real passion 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 such an important 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.

For our readers who are a little less familiar with the terminology, can you explain exactly what you do and why branding is important? 

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 – 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 as well.

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

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

Certainly, start-ups have different challenges and budgets than long-established brands. When they come to us, they get all the expertise that the big brands have, 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 aggressively protecting these very valuable assets, all while maximizing their value by focusing on what’s critical to their business. For the celebrities and artists, we know that they are targets for the press and for bad actors who might see them as a deep pocket, so we guide them on launching a brand in a very careful and thoughtful way.

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

Most don’t realize that the term they pick for their brand dictates whether they are going to have trademark problems or not. They don’t realize that a quick conversation with us early on can give them some 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, they have rights that are not as strong as they thought.  That’s why it’s important to go to the experts and do it right from the start.  But, if you don’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 clients achieve a certain amount 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 after selling in a new market.  We help anticipate this problem.  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 that 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 focused on trying to keep up with today’s rapidly evolving data privacy landscape.  A surprising number of them don’t understand what a threat this can be to their bottom line and brand. We 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