Brooke A. Penrose

Associate

Boston, MA
D: 617.345.3287

"Practical legal advice grows out of a genuine interest in you, your business, and your goals and visions."

Overview

Brooke concentrates her practice on counseling creators and innovators of all sizes in a variety of intellectual property transactional matters.

Trademark and Brand Protection:

In her trademark practice, Brooke counsels clients on all stages throughout the lifecycle of a brand.  At the “birth” of a new brand, Brooke assists clients with assessing the potential availability and registerability of a potential new trademark and developing an application registration strategy that best meets the clients’ specific goals, often weighing the scope or protection against the client’s risk tolerance and budgetary constraints.  She is experienced with prosecuting and maintaining trademark applications and registrations as well as helping clients leverage their trademark rights through negotiating strategic licensing opportunities.  In addition, Brooke counsels clients on enforcing and defending trademark claims before the Trademark Trial and Appeal Board as well as in the marketplace more generally.  She has succeeded in dozens of domain disputes, resulting in over 50 infringing domain names being transferred to her clients.

Copyright:

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.

She currently serves as the co-chair of the New England chapter of the Copyright Society of the USA and has been invited to participate in the U.S. Copyright Office’s roundtable on issues surrounding orphan works and mass digitization on behalf of an art museum.

Privacy and Data Security:

Brooke counsels clients of all sizes, ranging from assisting local Massachusetts companies who collect very minimal personal data with developing an appropriate Written Information Security Program (WISP), to international organizations who systemically collect significant amounts of personal data as part of their core business in navigating the ever changing landscape of privacy and data security laws.  Brooke is experienced with helping clients:

  • Understand what steps need to be taken in order to collect highly regulated information about minors, financial data or health data within the U.S.;
  • Develop a compliance program to meet the requirements of the General Data Protection Regulation (GDPR) or Europe, the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada, or the California Consumer Privacy Act (CCPA);
  • Draft or revise your website privacy policy and/or terms of use;
  • Apply for certification under the U.S. Privacy Shield program for international data transfers;
  • Respond to a security breach; or
  • Develop a training program for staff on privacy and data security best practices.

Art and Entertainment:

In addition to her intellectual property practice, Brooke counsels individual creators and creative businesses in the art and entertainment industries with their legal needs, providing valuable insight into industry norms and strategies to protect her clients’ creative assets. Among other agreements, Brooke is experienced in drafting:

  • Book publishing agreements;
  • Book translation agreements;
  • Literary agent agreements;
  • Film production services agreements;
  • Radio broadcast agreements; and
  • Television show deal memos.

Experience

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.

Education & Admissions
Bar Admissions

Massachusetts

U.S. District Court for the District of Massachusetts 

Education

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

B.A., University of Michigan, 2006

Honors & Awards

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)

CALI Excellence for the Future Award - Regulation of Insurance Transactions (2009)

Certified Information Privacy Professional (CIPP/US)

Memberships

Memberships

Boston Bar Association

Copyright Society of the United States of America

International Trademark Association

Community Involvement

Community Involvement

Museum of Fine Arts, Boston

  • Past Member, Intellectual Property Department
Speaking Engagements

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

Articles & Publications

Articles & Publications

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

Resources
Brooke A. Penrose
Practices
  • Trademark & Copyright
  • Intellectual Property & IP Litigation
  • Intellectual Property
  • IP Litigation
  • Privacy & Data Security
  • Business Media Advisory
  • Entertainment & Media
  • Cannabis Business & Law Advisory
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 

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