The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III
January 24, 2024
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Erica B. E. Rogers
North Carolina State Bar Board Certified Specialist in Trademark Law
Erica is a North Carolina State Bar Board Certified Specialist in Trademark Law. She assists individuals, small businesses, and large corporations with a wide array of intellectual property matters. Her practice focuses on trademark selection and clearance, trademark prosecution and registration, and trademark portfolio management. She also routinely engages in resolving trademark disputes, including drafting and responding to cease-and-desist letters, negotiating coexistence agreements, assisting in trademark infringement litigation in federal court, and handling cases before the Trademark Trial and Appeal Board (TTAB). Erica assists with copyright matters, often in the form of counseling clients on ownership, acquisition, protection, and enforcement. Erica also drafts and negotiates software, name, image, and likeness, and other intellectual property license agreements. She understands the personal, financial, and meaningful effort clients invest in their intellectual property, and her background and work reflect this understanding.
Erica's focus on intellectual property law extends to assisting with transactional, licensing, and various business matters in multiple industries, including matters in the hemp and CBD industries. She is available to assist hemp breeders, growers, processors, manufacturers, distributors, retailers, and other market participants with brand protection for hemp and hemp-derived marks, Federal, state, and local legal and regulatory compliance matters, and agreements within the industry.
Erica leads the firm's Name, Image, and Likeness Practice Group. Many individuals license commercial use of their name, image, and likeness ("NIL") to companies, and more recently, individual collegiate athletes have been able to do so. The NIL Practice Group primarily assists businesses who work with these athletes to promote products or services, in addition to assisting NIL collectives, marketing agencies, software platform providers, and financial advisors. Erica stays aware of the changing laws and regulations in this space, which complement her already-developed skills in negotiating and drafting license agreements.
Education
- J.D., University of New Hampshire, Franklin Pierce School of Law, 2016; Editor, IDEA: The Journal of the Franklin Pierce Center for Intellectual Property
- B.M., Piano Performance, magna cum laude, Meredith College, 2013
- B.A., Spanish, magna cum laude, Meredith College, 2013
Representative Experience
- Consistently overcoming USPTO refusals issued against clients' federal trademark applications, including through substantive arguments, coexistence negotiations, and strategic identification amendments.
- Avoiding trademark infringement litigation by sending or responding to cease-and-desist letters and negotiating amicable resolutions on behalf of clients across multiple industries, often involving concurrent filings with the Trademark Trial and Appeal Board.
- Successfully protecting and enforcing an artist's rights to their original artwork by negotiating monetary settlement of a willful copyright infringement claim.
- Advising a client and coordinating with local counsel on the registration, management, and enforcement of intellectual property rights, including enforcement against counterfeits entering the United States from China.
- Revising and advising on an endorsement agreement for a business involving the licensing of professional athlete's name, image, and likeness rights and compliance with the Federal Trade Commission (FTC) Endorsement Guides.
Honors and Distinctions*
- "Legal Elite," Business North Carolina, Intellectual, 2024
- North Carolina State Bar Board Certified Specialist in Trademark Law
- The Best Lawyers in America: Ones to Watch, Best Lawyers®, 2022-2024
- World Trademark Review 1000, 2023
- "Rising Star," IP Stars from Managing Intellectual Property, 2020-2023
- "Tomorrow's Leader," International Trademark Association, 2017
Professional and Community Affiliations
- International Trademark Association (INTA) — Copyright Committee (2018-2021); Young Practitioners Committee (2022-), serving as Subcommittee Chair for 2022-2023 for The Annual Meeting Programming Subcommittee, planning the First Time Registrant Orientation and Reception for the Washington D.C. and Singapore Annual Meetings; Young Advisory Group (2022-)
- National LGBTQ+ Bar Association
- North Carolina Bar Association — Sections: Intellectual Property Law: Treasurer (2023-2024), Secretary (2022-2023), and Council Member; Sexual Orientation and Gender Identity (SOGI) Committee (2022-); Young Lawyers' Division
- Triangle Intellectual Property Law Association (TIPLA)
- Triangle ArtWorks Law + ArtWorks
Admitted to Practice
- North Carolina, 2016
- United States District Court for the Eastern and Western Districts of North Carolina, 2018
- United States District Court for the Middle District of North Carolina, 2023
About Me
Practicing intellectual property law is a natural progression for me, as I thrive at the intersection of creativity and structure. I find it incredibly motivating to provide the legal framework that supports the ongoing creativity of individuals and businesses. The constant challenges, the drive to help others, and the excitement of resolving unpredictable problems are what keeps me passionate about this field.
When I'm not practicing law, you'll likely find me immersed in music—whether I am playing my piano, discussing how technological advances affect the consumption of music, enjoying friends performing at live events, or listening to tunes while running long distances (albeit slowly). My favorite audience member is my cat, Carnegie (named for obvious reasons). My wife and I share our home with three cats and a new puppy. Our four pets constantly fill our hearts (and our home... with fur... everywhere!).
* Please see the following websites for an explanation of the membership standards for the following recognitions: www.bestlawyers.com; businessnc.com/special-sections/legal-elite/; and www.superlawyers.com/north-carolina.
