Brian D. Fergemann, Partner

Brian Fergemann is a partner in Winston & Strawn’s intellectual property department concentrating his practice in advertising, marketing, and promotions counseling and litigation, including trademark, copyright, and Internet law matters.

Mr. Fergemann provides counseling on a wide range of marketing, promotional, intellectual property, and e-commerce issues to major national consumer product companies, retailers, and advertising and promotions agencies. He regularly counsels clients on consumer sweepstakes, contests and the use of user-generated content. He also has extensive experience in high-level talent, music, and sponsorship negotiations.

Mr. Fergemann also has extensive experience representing clients before the National Advertising Division (NAD) of the Council of Better Business Bureaus. He has represented major national advertisers before NAD, including Eastman Kodak Company, Nestle USA, Inc., and Wm. Wrigley Jr. Co.

Activities

Education

Speeches and Publications

Mr. Fergemann’s speaking engagements include the following:

• “How to Substantiate Advertising Claims,” Winston & Strawn eLunch briefing
• Mock Challenge Participant, NAD Advertising Law Conference
• “The Special Rules for Alcohol, Tobacco, Dairy and Gasoline Promotions,” PMA Law Conference
• “Running Promotions on Social Networking Websites,” Intellectual Property Law Association of Chicago
• Panel on Internet Advertising, Moderator, Stanford E-commerce Best Practices Conference
• “Legal Aspects of Promotion,” Promotion Marketing Association Basics or Promotion and Integrated Marketing Conference
• “User-Generated Content — The Emerging Legal Threat: Protecting Against Unforeseen Risks,” Strafford Legal Publishing Group-sponsored teleconference
• “What You Need to Know about Using Video, Photos and Music Submitted by Consumers,” Winston & Strawn eLunch briefing
• “eHavioral, Peer-to-Peer and New Media Marketing – Illinois Regulatory Developments,” Law Seminars International Conference
• “Navigating Legal Issues in the Electronic Age,” ACCA Southern California Chapter