is a Managing Partner at Peroff Saunders P.C.. Darren has more than 25 years of experience in litigation in federal courts around the U.S., involving trademarks, copyrights, patents, unfair competition, false advertising and related areas at the trial and appellate levels and in administrative proceedings before the U.S. International Trade Commission and the U.S. Patent and Trademark Office. He also has extensive experience, and regularly represents clients, in the acquisition and licensing of intellectual property.
Filming and photographing in public venues – parks, streets, subway stations – for ads, TV spots and social media videos can produce exciting, creative results for advertising campaigns, but companies advertising should be careful when using shots featuring graffiti in the background. It may be protected by copyright law. Even if the graffiti has not been lawfully created, but rather produced in an act of vandalism or trespass, the artist could raise a copyright infringement claim that could lead to a lawsuit.