Overview

Ross Weisman is a partner in the intellectual property practice group in the Chicago office of Kirkland & Ellis LLP. He is also the head of the advertising, marketing and promotions group at Kirkland, which was recently recognized in the 2019 edition of Chambers USA as a leading practice group for Advertising: Litigation. Ross counsels a variety of clients in virtually all aspects of advertising and promotions law, including:

  • Reviewing advertising and marketing copy for advertisers, promotion houses and advertising agencies;

  • Reviewing promotional materials (including, without limitation, rebates, coupons and other pricing incentives);

  • Counseling advertisers with respect to substantiation for claims made in advertisements;

  • Drafting and negotiating advertising, public relations and media agreements;

  • Advising clients with respect to rights of publicity, false endorsement and unfair competition issues in advertisements;

  • Drafting various release forms for national advertisers, including, without limitation, releases to use names, photos, testimonials, property or intangible property in advertisements; and

  • Assisting clients with Federal Trade Commission and State Attorney General inquiries.

Ross also has extensive experience defending and challenging advertising claims in federal court under 43(a) of the Lanham Act (and working with the experts who conduct the consumer perception surveys so critical to these cases), as well as before the National Advertising Division (NAD) and National Advertising Review Board (NARB) of the BBB National Programs, Inc.

From 2015–2019, Ross was recognized as a leading lawyer in Chambers USA, America's Leading Lawyers for Business for his Advertising Litigation work. Indeed, Chambers USA described Ross as “a superb NAD practitioner,” with sources adding, “he is very smart and he has a lot of experience.” Another source noted, “Besides his depth of experience, he has such strong and positive relationships with NAD attorneys that you get the benefits of that when working in what can be a very difficult system."

More

Thought Leadership

“An Ounce of Prevention is Worth a Pound of Cure: Avoiding Ethical Pitfalls in Trademark Clearance, Advertising Review, and Pre-Suit Investigations,” CTIA Symposium, January 2019

“Best Practices in NAD Proceedings,” ANA Marketing Law Conference, November 2017

“The Times They Are A-Changin’: New Procedures, New Director!” NAD Marketing Law Conference, October 2017

“The Great Debate: NAD vs. Lanham Act,” ANA Marketing Law Conference, April 2016

“Challenging Your Competitors: Comparing the Relative Advantages and Disadvantages of Litigation, NAD Challenges, and Government Agency Referrals as Avenues for Challenging Competitors’ Advertising Claims,” ANA Marketing Law Conference, November 2016

“Beginner’s Workshop: An Introduction to Lotteries, Sweepstakes and Skill Contests,” BAA Marketing Law Conference, November 2016

“Basics of Promotion, Sweepstakes, Contests and Gaming/Fantasy Sports,” BAA Marketing Law Conference, November 2015

“An Advertiser’s Guide To Self-Regulation - NAD As An Alternative To Litigation,” Advertising Law Seminar, October 2014

Recognition

Selected as a leading lawyer in Chambers USA, America's Leading Lawyers for Business from 2015–2019.

Recognized in the 2011–2019 editions of The Legal 500 U.S. for Marketing and Advertising: Litigation.

Named one of Managing Intellectual Property magazine's "2013 IP Stars."

Memberships & Affiliations

Member of Brand Activation Agency (BAA), formerly the Promotional Marketing Association

Credentials

Admissions & Qualifications

  • 1993, New Hampshire (inactive)
  • 1994, Illinois

Education

  • Boston University School of LawJ.D.cum laude1993
    G. Joseph Tauro Scholar
  • Northwestern UniversityB.A.1988
    Phi Eta Sigma