Brooke A. Penrose

Associate

overview

Brooke Penrose counsels creators and innovators on their concerns and aspirations regarding trademarks, copyright, domain name, and other intellectual property matters, as well as personal information processing and data security regulations and best practices. As she describes it, her work involves “adding structure to chaos.” Clients come to her with big picture ideas but in need of a specific strategy and action items to realize those goals. Brooke, in turn, provides guidance and lays out potential game plans, illustrating the advantages and disadvantages of each.

As a brand launches, she works with clients to develop a trademark strategy that best meets their needs. That often means balancing the scope of potential protection against the client’s budget and risk tolerance. Later in the lifecycle, she assists with enforcing or defending trademark claims if necessary and regularly pursues and defends against intellectual property disputes heard through both the World Intellectual Property Organization as well as the U.S. Trademark Trial and Appeal Board. In copyright issues, Brooke helps with such matters as clearing publication rights, preparing registration applications and appealing any refusals, and advising on Digital Millennium Copyright Act (DMCA) notice and takedown matters, as well as licensing and infringement matters.

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education

J.D., University of Connecticut School of Law, 2010

B.A., University of Michigan, 2006

admissions

Massachusetts

U.S. District Court for the District of Massachusetts

honors & awards

Massachusetts Rising Stars (2016-2020)

Association for Continuing Legal Education – Award of Outstanding Achievement in Publications (2016)

Ralph Colucci Award for Excellence in the Study of Copyright Law (2010)

Certified Information Privacy Professional – United States (CIPP/US)

Certified Information Privacy Professional – Europe (CIPP/E)

community involvement

Museum of Fine Arts, Boston

  • Past Member, Intellectual Property Department

experience

Brooke is an experienced copyright attorney who has cleared publication rights, prepared registration applications, appealed application refusals, advised on DMCA take down matters, counseled on infringement and fair use defenses, and drafted and negotiated license agreements. In addition, Brooke has experience counseling clients through domain name disputes and privacy matters.

memberships

Boston Bar Association

Copyright Society of the United States of America

International Trademark Association

articles

articles

“Does Your Dealership Need a Privacy Checkup?” Massachusetts Auto Dealer Magazine, April 2021

Contributing author, Section on Art Donation to Museums, Estate Planning for Visual Artists: A Workbook for Attorneys & Executors, November 2018

“Defense Strategies In Billion-Dollar Software Copyright Cases,” Intellectual Property Law360, June 2017

“Computer Fraud and Abuse Act,” MCLE Data Security and Privacy in Massachusetts, November 2015

“Charitable Masterpieces: Tips for Artists and Collectors Seeking to Donate Art to Museums,” Boston Spirit Magazine, September/October 2015

“Response to Copyright Office Notice of Inquiry Concerning Orphan Works and Mass Digitization,” U.S. Copyright Office, February 2013

interviews

“Q&A with Burns & Levinson Attorneys David Amidon and Brooke Penrose,” Boston Citybizlist, May 2021

“Q&A with Howard Susser and Brooke Penrose, IP Attorneys at Burns & Levinson,” Boston Citybizlist, March 2021

speaking engagements

“Dealership Data Security: OEM Agreements & MA State Law Compliance,” Webinar Host, Burns & Levinson, June 2021

“Privacy & Data Security at Events: What Organizers Need to Know,” Webinar Host, Burns & Levinson’s Business Media Advisory Group, May 2021

“IP and Cybersecurity: Critical Points on Data Misuse,” Webinar Host, Burns & Levinson’s Intellectual Property Group, March 2021

“IP Law: Know Your Rights in Music,” Panelist, Berklee School of Music, April 2016

“Museum Law in the Digital Age,” Co-Presenter, Boston Bar Association Arts, Entertainment, & Sports Law Committee, April 2014

“Mass Digitization, Generally,” Panelist, U.S. Copyright Office Public Roundtable, March 2014

“IP & Creative Small and Medium-Sized Enterprises in the Digital Environment,” Presenter, World Intellectual Property Organization Seminar, May 2009