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Brian D.
Wassom

  • Partner
bwassom@wnj.com
Macomb County
T 586.303.4139
F 586.840.0600

My admin

industries

practices

Trademark/Trade Dress

  • (E.D. Mich. 2023) Defeated trademark infringement and dilution claims on ground that client used the challenged word in a descriptive manner and not as a trademark.
  • Leapers, Inc. v. SMTS, LLC (6th Cir. 2018). Obtained unanimous reversal of trial court decision that had found client’s product design functional and thus ineligible for trade dress protection.
  • Spring Meadows Nursery, Inc. v PDSI (TTAB 2022); Huttopia v. Boomshout (TTAB 2021). Prevailed at trial in Oppositions to trademarks used with live plants and glamping services, respectively.
  • Free Methodist Church of North America v. International Child Care (USA), Inc. (E.D. Mich. 2019). Defend trademark infringem

Trademark/Trade Dress

  • (E.D. Mich. 2023) Defeated trademark infringement and dilution claims on ground that client used the challenged word in a descriptive manner and not as a trademark.
  • Leapers, Inc. v. SMTS, LLC (6th Cir. 2018). Obtained unanimous reversal of trial court decision that had found client’s product design functional and thus ineligible for trade dress protection.
  • Spring Meadows Nursery, Inc. v PDSI (TTAB 2022); Huttopia v. Boomshout (TTAB 2021). Prevailed at trial in Oppositions to trademarks used with live plants and glamping services, respectively.
  • Free Methodist Church of North America v. International Child Care (USA), Inc. (E.D. Mich. 2019). Defend trademark infringement claims involving child care services.
  • KRBL Ltd. v. Overseas Food Distributors (C.D. Cal. 2016). Obtained preliminary injunction in trade dress and copyright case involving packaging of food products.
  • General Motors LLC v. Petty (E.D. Mich. 2016). Enforce trademark rights against unauthorized reseller.
  • KRBL Limited v. Cedar Garden Food Import & Export, Inc (E.D. Mich 2016). Enforce trade dress and copyrights in food packaging.
  • Oculus Info Inc. v. Oculus VR (E.D. Va. 2014). Persuaded a federal court that client’s trademark infringement claims against leading virtual reality company were likely to succeed.
  • Papa Romano’s Enterprises, LLC v McKay (Wayne Co. 2013). Trademark and contract enforcement against former franchisee.
  • Leapers v. First Quality (E.D. Mich. 2012). Successful trademark and copyright claims against competitor using infringing marks.
  • Land Rover v. Oztralia, Inc. (S.D. Fla. 2011). Enforced Land Rover marks against infringing dealer.
  • Seattle’s Best Coffee LLC v. Seattles Corp.(C.D. Cal. 2011). Enforced Starbucks’ trademark rights against unauthorized retailer.
  • AAC Services Heating & Cooling Inc v. Advanced Air Care LLC (Macomb Co. 2010). Defended HVAC company against state law trademark infringement claims.
  • Children’s Legal Services PLLC v. Kresch, 545 F.Supp.2d 653 (E.D. Mich. 2008), affirmed, (6th Cir. 2009). Obtained summary judgment on liability for service mark infringement, unfair competition. and cybersquatting, as well as a permanent injunction, an accounting, and other relief.
  • Revolution, Inc. v. Starpower, Inc. (E.D. Mich. 2009). Defended seller of dancewear from trademark claims.
  • Dell, Inc v. Elles (6th Cir. 2008). Successful trademark infringement claims against retailer.
  • General Motors Corp. v. M&M Flow Through Systems, LLC (E.D. Mich. 2003). Helped obtain preliminary injunction against trademark infringer.
  • Dozens of TTAB Oppositions and Cancelations for Mattel, Volvo, Wolverine Worldwide, Huttopia, JP Leo, Xact Genomics, On Clouds, Fathead, General Motors, Sports Authority, Provo Craft, and more.
  • Several UDRP domain name arbitrations for Herman Miller, Moosejaw Mountaineering, Jaguar Land Rover, Quicken Loans, and others.

Copyright

  • Counsel of record for AIPLA as amicus advocating the prevailing position in Georgia v. Public. Resource.Org, 140 S.Ct. 1498 (2020), that the State of Georgia’s official commentary to its state code is a government edict and not entitled to copyright protection.
  • Meshwerks v. Toyota Motors Sales USA, Inc., 528 F.3d 1258 (10th Cir. 2008). Unanimous victory defeating copyright infringement claim on the grounds that digital images in question were not original. Named one of the “Top Verdicts and Settlements” of 2006 by Crain’s Detroit Business and a “Top Intellectual Property Case of 2008” by The Colorado Lawyer.
  • Gordon v. Nextel Communications (6th Cir. 2003). Helped defeat copyright claims against de minimis use of artwork in a television commercial.
  • High Five Threads v. Michigan Farm Bureau (W.D. Mich. 2021). Obtained dismissal of copyright and trademark infringement claims based on alleged similarities between the parties’ “Michigan hand map” designs.
  • Adlife Marketing & Communications Co. Inc. v. The Goodies Factory, Inc. (W.D. Mich. 2019). Defeated claims asserting unauthorized use of photograph on website.
  • Wargin v. FineEye Color Solutions, Inc. of Grand Rapids (W.D. Mich. 2016). Enforced photographer’s copyrights against infringer.
  • Best Hand Entm’t LLC v. Wideawake-Deathrow Entm’t, LLC (E.D. Mich. 2014). Defended music distributor against copyright and Lanham Act claims by artist.
  • Chambers v. Ingram (E.D. Mich. 2012). Defeated copyright and publicity rights claims against author and publisher.
  • Synthetic Scents, Ltd. v. Old Faithful Outdoors, LLC (E.D. Mich. 2012). Defeat trademark infringement claims over hunting products.
  • Provo Craft & Novetly v. Make the Cut (E.D. Wis. 2010) Enforce software copyrights against infringer.
  • Mackinac Island Press, Inc. v. Toybox Innovations, Inc. (W.D. Mich. 2010). Enforced publisher’s trademark and copyrights.
  • Visbeen Associates, Inc. v. Johnson Home Builders, Ltd. (W.D. Mich. 2009). Defended against claims of architectural copyright infringement.
  • Johnson v. Jamie Foxx (E.D. Mich. 2007). Defeated copyright infringement lawsuit against famous artist.
  • Integrated Bar Coding Systems, Co. v. Wemert (E.D. Mich 2007). Defended against software source code copyright infringement claims.
  • Mondrian Properties, L. L. C. v. Michigan Home Builders, Inc. (E.D. Mich. 2006). Defended architectural copyright infringement claims.
  • Mike’s Cigars Distributors, Incorporated v. Byelick (E.D. Mich 2006). Defeated request for preliminary injunction in trademark case.
  • Williams v. 3D Export (E.D. Mich. 2020). Local counsel for TurboSquid in pro se copyright dispute.
  • Dankovich v. Keller (E.D. Mich. 2017). Local counsel for Vice News in pro se copyright dispute.
  • Scores of lawsuits on behalf of ASCAP members enforcing music copyrights against food service establishments.
  • Over a dozen cases for DIRECTV, Inc. against sellers and purchasers of pirate access devices.

Media/First Amendment/Defamation

  • Shumake v. Rob Wolchek (Oakland Co. 2018). Defeated defamation claims against local “Hall of Shame” television news reporter.
  • Candy Lab Inc. v. Milwaukee County, 266 F. Supp. 3d 1139 (E.D. Wis. 2017). Obtained preliminary and permanent injunctions striking down regulation of location-based augmented reality games under the First Amendment, in the first case to extend free speech rights to the AR medium.
  • Townsend v. Townsend (Macomb Co. 2019). Defended retaliatory defamation claim based on police report of domestic violence.
  • Ponder v. Staggs (Macomb Co. 2018). Obtained business defamation judgment against Facebook user.
  • Doe v. Doe (Macomb Co. 2019); Kincaid v. Polony (Macomb Co. 2013). Unmasked anonymous online defamers and harassers.
  • Petrou v. Bank of Ann Arbor, et al. (E.D. Mich. 2018). Defended local newspaper against defamation claims.
  • Convertino v. Ashenfelter (6th Cir. 2015). Helped defend reporter’s privilege under the 1st and 5th Amendments not to name a confidential source.
  • Williams v. DTE Energy, Inc. (Wayne Co. 2015). Defended against eavesdropping claims.
  • Bowens v. ARY, 794 N.W.2d 842 (Mich. 2011). Second chair in 10-year litigation that successfully defended Dr. Dre and the “Up in Smoke” Tour against claims of eavesdropping.
  • Williams v. New World Communications of Detroit Inc. (Wayne Co. 2009). Helped defeat eavesdropping claims against television news organization.
  • State News v. MSU, 481 Mich. 692 (2008). Pursued FOIA claims against university on behalf of student newspaper.
  • Nagler v. Henderson (E.D. Mich. 2008). Helped defeat defamation and product disparagement claims against magazine publisher.
  • Nichols v. Moore, 477 F.3d 396 (6th Cir. 2007). Defended filmmaker Michael Moore from claims of eavesdropping, invasion of privacy and defamation.
  • Radio One v. Wooten, 452 F. Supp.2d. 754 (E.D. Mich. 2006). Helped obtain preliminary injunction against radio personality violating noncompetition agreement.
  • Flanagan v. Altria Group (E.D. Mich. 2005). Helped defeat false advertising and consumer protection act claims.
  • Detroit Free Press v. Ashcroft, 303 F.3d 681 (6th Cir. 2002). Helped newspapers establish a First Amendment right of access to immigration court removal proceedings.
  • Obtained removal of infringing, defamatory, and revenge porn content from social media sites and virtual worlds, including in new circumstances presenting issues of first impression.
  • Obtained right to film murder trial in Lenawee County on behalf of Court TV.
  • Advising companies from Fortune 500 brands to small businesses on the adoption and safe implementation of AI solutions.
  • Advising companies of all sizes on sweepstakes and contest rules, social media marketing, and compliance with FTC regulations.
  • Prepublication review of content to minimize liability and litigation risk.
  • Representation of both plaintiffs and defendants in disputes between religious organizations over ecclesiastical authority and ownership of real property, including in Chabad-Lubavitch of Mich. v. Schuchman (Mich. App. 2014).
  • Long-term representation of companies across the AR/VR/XR industry, including DAQRI, Meta, Geo AR Games, AR.Org, and Grisly Studios.

Right of Publicity

  • Eagle Rock Entm’t v. Armstrong, 655 F. Supp.2d 779 (E.D. Mich. Nov. 17, 2009). Defeated publicity rights claim by band member against publisher of concert video.
  • Romantics v. Activision, 532 F. Supp.2d 884 (E.D. Mich. 2008); 574 F. Supp.2d 758 (E.D. Mich. 2008). Part of a team that defeated right of publicity claims by band against publisher of the Guitar Hero video game.
  • Arnold v. Treadwell (Oakland Co. 2006). Defeated publicity rights claims by model against photographer.
  • Neal v. EA, 374 F.Supp.2d 574 (W.D. Mich. 2005). Helped win summary judgment against claims involving use of a plaintiff’s image in a video game.
  • Ongoing consultation of global toy manufacturer on publicity rights issues.

Business Litigation

  • BorgWarner Thermal Systems, Inc. v. Carlisle Brake & Friction, Inc. (6th Cir. 2021; E.D. Mich. 2020). Obtained summary judgment against supplier for breach of supply contract.
  • Iafrate v. Angelo Iafrate, Inc. (Mich. Ct. App. 2022; Wayne Co. 2020). Defeated contract and tort claims by sellers of company against ESOP purchasers.
  • BorgWarner PDS (Anderson) LLC v. Industrial Molding Corp. (E.D. Mich. 2020). Obtained preliminary injunction against supplier prohibiting disruption of just-in-time supply chain.
  • BorgWarner Ithaca LLC v. Principal Manufacturing Corp. (ED Mich. 2019). Defeated supplier’s motion to dismiss breach of contract lawsuit.
  • SmithCNC v. BorgWarner Turbo Systems, Inc. (Wayne Co. 2019). Defeated breach of contract allegation.
  • Iafrate v. Angelo Iafrate, Inc. (6th Cir. 2020 E.D. Mich 2019). Defeated securities claims by sellers of company against ESOP purchasers.
  • Metro Motor Coach Transportation Group, LLC v. Ponder (Macomb Co. 2017). Prevailed in contract claims between business associates and obtained transfer of domain name.
  • Davis v. Vapor Bus Int’l (Oakland Co. 2015); Krzeminksi v. Vapor Bus Int’l (Macomb Co. 2011). Defended manufacturer of components for party buses against wrongful death and product liability claims.
  • Weinstein v. UGS Corp. (E.D. Mich. 2011). Help defend employer against liability for employee’s negligent homicide.
  • Raytheon Aircraft Co. v. United States (10th Cir. 2009). Assisted in appeal of liability for groundwater contamination.
  • JV Masonry Inc v. Mt. Clemens Community Schools (Macomb Co. 2004). Construction litigation.
  • LaSalle Bank Nat’l Assn. v. Middlebelt Plymouth Venture (E.D. Mich. 2002). Helped defend shopping mall owners against claims related to loan default.
  • Martin v. Transamerica Occ. Life Ins. Co. (E.D. Mich. 2002). Defeated life insurance claim.
  • Defended manufacturer of roofing tiles against products liability claim in Menominee County.
  • Defended a high-tech manufacturer in partnership dispute valued at $300 million.

In 2024:

In 2024:

In 2023:

  • “Digifest Fall 2023,” Sugar Land, Texas (11/14/23)
  • “AI Risks and Best Practices,” LKF Marketing Client Event (10/25/23)
  • “AI Guard Rails & Best Practices,” SBAM Leadership Council Fall Summit (10/12/23)
  • “Augmented Reality in Retail: Applications and Risks,” Presentation to the Future of Privacy Forum Immersive Tech Working Group (9/13/23)
  • “IP Issues for Business Lawyers,” Institute for Continuing Legal Education, (Recorded 7/13/23)
  • “AI Legal Issues,” TerraLex Intellectual Property, Licensing & Technology Virtual Session (5/23/23)
  • “Right of Publicity: Issues with Clearance and Enforcement in the U.S.,” International Trademark Association Annual Meeting, Singapore (5/19/23)
  • “Crowdsourcing TTAB Precedents: The U.S. Trademark Trial and Appeal Board’s Email Suggestion Box for Precedential Decisions,” International Trademark Association Annual Meeting, Singapore (5/16/23)

In 2022:

In 2021:

  • Supreme Court Social Media Case Mahanoy Area School District v. B.L. Interview, WDIV Local 4, (4/27/21)
  • The Supreme Court’s Decision in Google LLC v. Oracle America, Inc.: Hear from the Experts” (Moderator), AIPLA Webinar (4/21/21)
  • Social Media Evidence,” Kalamazoo Bar Association Bar Association, Grand Rapids Bar Association and NALS Speaker Series (3/18/21)
  • “How to Balance Privacy and Innovation in Augmented and Virtual Reality,” Information Technology & Innovation Foundation Virtual Event(3/4/21)
  • Copyright Update: The CASE Act, MLRC Entertainment Committee (1/13/21)

In 2020:

  • “Roundtable Discussion on State Sovereign Immunity,” Panelist, U.S. Copyright Office (12/11/20)
  • “Intellectual Property Challenges for Emerging Media and Art,” Media and Art in XR (12/10/20)
  • “NCAA Likenesses, Deceased Celebrities and Digital Avatars: Areas of controversy and hot topics for industries at risk from right of publicity claims,” AIPLA Annual Meeting (10/28/20)
  • “Business and Personal Defamation: Steps to Take if You or Your Business Fall Prey to this Rising Trend,” Warner Webinar (9/29/20)
  • “Trademark Threats on Instagram, TikTok, Facebook, and Other Social Media,” Strafford Webinar (8/19/20)
  • “Recent Developments in IP Case Law,” Eastern District of Michigan Chapter, Federal Bar Association Webinar (8/13/20)
  • “Law and Ethics in XR” (Discussion Leader), Augmented World Expo Online (5/26-29/20)
  • “Gaining Access to Government Data During COVID-19 with FOIA and OMA,” Warner Webinar (5/12/20)
  • Copyright Update: Allen v. Cooper, MLRC Entertainment Committee (4/1/20)
  • Copyright Update: Oracle v. Google, MLRC Entertainment Committee (3/4/20)
  • Hot Topics in IP – Right of Publicity, ABA Forum on Communication Law (2/7/20)

The following is a representative list of topics and over 120 audiences Brian addressed between 2009-2019:

  • Augmented Reality (including IP, automotive, health care, public policy, social change, and other legal issues)
    • Government:
      • Legal staff of the U.S. Senate Committee on Commerce, Science and Transportation
      • WIPO Summer School, US Patent & Trademark Office
    • Professional Seminars:
      • DETRealities Conference, Grand Circus, Detroit
      • TIECon, Detroit
      • Detroit Startup Week
      • CPCU Society and the Information Technology Interest Groups
      • “AR in Automotive,” Euroforum, Cologne, Germany
      • IEEE webinar
      • Quicken Loans Technology Conference, Detroit, Michigan
      • AHLA Telemedicine Bootcamp Series
      • AdCraft Detroit, Royal Oak, Michigan
      • ArtServe Michigan, Grand Rapids
      • Augmented World Expo, Santa Clara, California
      • VOX: The 4D Summit, Long Beach, California
      • MBA Media and Entertainment Conference, NYU Kimmel Center, New York
      • Mobile AR for Smartphones & Tablets Conference, CTIA, San Diego, California
    • Legal Associations:
      • ABA Forum on Communication Law Annual Meeting (Keynote)
      • AIPLA Spring Meeting
      • ABA Section on Intellectual Property Law
      • State Bar of Georgia
      • Michigan IP Law Association
      • Dayton IP Law Association
      • IT Section of the Michigan State Bar
    • Meetups:
      • AR Barcelona
      • AR New York
      • AR Chicago
      • AR Detroit
      • Tech248
      • Interact: Augmented Reality and Perfect Vision by 2020, Seattle, Washington
      • Mobile Monday Detroit
    • School Lectures:
      • CWRU Law School
      • NYU Polytechnic (guest lecturer)
      • Thomas Cooley Law School;
      • Michigan State University College of Law, International Law Journal Symposium, “Modern Global Revolution”
      • University of Michigan Law School
    • Media Interviews:
      • WISN-TV ABC (Milwaukee, WI)
      • MITechNews
      • Lawyer2Lawyer Podcast
      • Barely Legal Radio, The Patriot, AM1150
      • KNX 1070 NewsRadio, Los Angeles, California
  • Social & Digital Media (including IP, evidence, litigation, marketing, FTC regulation, legal ethics, student safety, policies, and other legal issues)
    • Professional Seminars:
      • Coverys Midwest Claims Legal Retreat
      • IDPF Digital Book, New York, New York
      • University of Texas Tech Law Conference, Austin, Texas
      • The Mobile Host Show
      • American Marketing Association of Southwest Michigan
      • Media Profs Enterprise Series
      • Strafford CLE Seminar
      • HCCS Webinar
      • New Media Expo, Las Vegas, Nevada
      • Michigan Society of Association Executives
      • The Hawaii Social Media Summit, Honolulu, Hawaii
      • Michigan Health & Hospital Association
    • Legal Associations:
      • Michigan Judicial Institute Spring Seminar, Michigan Hall of Justice, Lansing, Michigan
      • Annual Meeting of the Michigan District Judges Association
      • State Bar of Georgia
      • Washtenaw County Bar Association
      • State Bar of Michigan Paralegal Section
      • Institute for Continuing Legal Education
      • Technology Forum and Vendor Fair, Lake Oswego, Oregon
      • ABA TechShow
      • Interlaw
      • Michigan Poverty Law Center
      • Women’s Bar Association, Oakland County Chapter
      • Macomb County Bar Association
    • Schools:
      • University of Michigan Ross Business School
      • Fraser Public Schools, Fraser, Michigan
      • Cooley Law School
      • Michigan State University College of Law
      • Pulliam Center for Contemporary Media, DePauw University, Greencastle, Indiana
    • Client In-House Presentations:
      • Legal staff of a Fortune 150 company
      • Journalist staff of a statewide news organization
    • Media Interviews:
      • IT in the D Podcast
      • Bloomberg Law Show, Bloomberg Radio
      • The Emily Rooney Show, WGBH Radio, Boston, Massachusetts
      • Channel 56’s Due Process
  • Privacy/Cybersecurity
    • North American International Cyber Summit
    • IAPP KnowledgeNet
    • Embedded Vision Alliance, San Diego, California
    • Automated Vehicle Symposium, Ann Arbor, Michigan
    • Mobile Monday Detroit, NextWave Accelerator, Troy, Michigan
    • CreativeMany, Detroit, Michigan
    • Augmented World Expo, Santa Clara, California
    • Security Symposium, Detroit Athletic Club
    • Original Equipment Suppliers Association (OESA) Symposium & Legal Issues Council
  • Media Law (including the First Amendment, free speech, press freedoms, Freedom of Information Act, Open Meetings Act, public records, defamation, public relations)
    • Journalist staff of a statewide news organization
    • PRSA APR Prep Sessions
    • Lorman Education Services, Dearborn, Michigan
    • Oakland County Circuit Court, Pontiac, Michigan
    • Warren Consolidated School District
    • Lake Shore High School
  • IP Law (including copyrights, trademarks, and the right of publicity)
    • Strafford CLE Webinars
    • University of Dayton Law School
    • International Association of Speakers Bureaus Annual Meeting, Miami, Florida
    • Thomas M. Cooley Law School, Auburn Hills, Michigan
    • Dayton Intellectual Property Law Association
    • Michigan Intellectual Property Lawyers Association
    • State Bar of Michigan Intellectual Property Law Section Spring Seminar
    • Macomb County Bar Association
    • AIPLA Spring Meeting
  • Litigation Technology
    • Federal Bar Association, ED Mich. Chapter, Federal Courthouse, Detroit, Michigan
    • ABA Tech Show
    • State Bar of Michigan, Bar Leadership Forum
  • Business Courts
    • “Legally Speaking,” Sterling Heights Television (guest host)
    • “Trends in Business Court Practice,” Institute for Continuing Legal Education (video)
  • Professionalism, Leadership, Critical Thinking
    • Wayne State University, Dept. of Radiation Oncology (several guest lectures)
    • Utica Academy for International Studies, Sterling Heights, Michigan(keynote)

watch my videos

Books

Books

Treatise Chapters

  • Immersive Technology Standards for Accessibility, Inclusion, Ethics, and Safety, Cyber XR Coalition (2020) (contributor)
  • Trademark Laws: Michigan (Practical Law) (2014-2017)
  • Right of Publicity Laws: Michigan (Practical Law) (2014-2017)
  • Open Government Guide: Open Records and Meetings Laws in Michigan, Reporters Committee for Freedom of the Press (with H. Fink and K. Araya) (2006-present)
  • Employment Libel and Privacy Law: Michigan, Media Law Resource Center (2011-present) (with C. Evans)
  • Identity and its Consequences: The Importance of Self-Image, Social Media, and the Right of Publicity to IP Litigators, Litigation Strategies for Intellectual Property Cases (Aspatore) (2012)

Law Review Scholarship

  • “Uncertainty Squared: the Right of Publicity and Social Media,” Syracuse Law Review (2013)
  • “Unforced Rhythms of Grace: Freeing Houses of Worship from the Specter of Copyright Infringement Liability,” Fordham Intellectual Property & Media & Entertainment Law Journal (2005)
  • “Copyright Infringement in Worship Services: Problems and Potential Solutions,” Journal of Arts Management, Law & Society (2006)
  • “The Exception That Swallowed the Rule? Women’s Medical Professional Corporation v. Voinovich and the Mental Health Exception to Post-Viability Abortion Bans,” Case Western Reserve Law Review (1999)
  • “Copyright Implications Of Unconventional Linking on the World Wide Web: Framing, Deep Linking and Inlining,” Case Western Reserve Law Review (1998)

Periodical Articles

  • “Pirates of the Copyrighted: Who Will Defend Creators From Marauding State Governments?,”Communications Lawyer (Summer 2020)
  • “Beware of coronavirus scams and phishing attacks,” Midland Daily News (May 5, 2020)
  • “The IP power pause: Finding opportunities among the chaos,” Grand Rapids Business Journal (April 13, 2020)
  • “Supreme Court Gives a Pass to State-Sanctioned Piracy of Media Copyrights,” Forum on Communication Laws, American Bar Association (April 9, 2020)
  • “U.S.: Sovereign Pirates: Copyright Owners Lose Their Remedies Against State Governments,” MediaLawLetter (April 2020)
  • “Supreme Court Expands and Clarifies Copyright Law’s Government Edicts Doctrine,”MediaLawLetter (April 2020)
  • “Our Take: Supreme Court limits public access to commercial data under federal FOIA,” Holland Sentinel.com (July 14, 2019)
  • “DSRC vs. SGLTE: Which Will It Befor Connected Vehicles?,” Wards Auto (July 23, 2018)
  • “Restrictions on location based augmented reality games likely to be unconstitutional,” Cyber Security Practitioner, August 25, 2017
  • “How Pokémon GO Players Could Run Into Real-Life Legal Problems,” The Hollywood Reporter, July 11, 2016
  • “Emerging Legal Issues in the Internet of Things,” Legal Frontiers in Digital Media (Media Law Resource Center) (May 2015)
  • “Navigating the Rights and Risks in Social Reading,” Publishing Research Quarterly (Sep. 2015)
  • “Protecting and Exploiting Rights of Publicity,” The Licensing Journal (2014)
  • “Body Cameras For Police Officers: What About For Ordinary Citizens?,” Forbes (Dec. 23, 2014) (with Dr. Steve Mann)
  • “Book Review: Year Zero by Rob Reid,” Landslide (ABA Section on IP) (2013)
  • “IP in an Augmented Reality,” Landslide (ABA Section on IP) (2014)
  • “Augmenting Perceptions of Society and Self,” Cyber Therapy & Rehabilitation (2012)
  • “The Coming Conundra: Real Laws in an Augmented Reality,” SideBar (FBA Federal Litigation Section) (2011)
  • “Is “Google Scholar” the Lexis/Westlaw-Killer?,” The Litigation Newsletter (Mich. Bar Litigation Section) (2010)
  • “Rule 12(b)(6) Motions: Not Just for ‘Little Green Men’ Anymore,” SideBar (FBA Federal Litigation Section) (2010)
  • “The Right of Publicity: Why the Red-Headed Stepchild of the IP World Deserves a Second Look,” IPLS Proceedings (Mich. Bar IP Section) (2009)
  • “The Right of Publicity,” Bar Briefs (Macomb County Bar Association) (2009)
  • “The Basics of Protecting Your Client’s Intellectual Property,” Bar Briefs (Macomb County Bar Association) (2008)
  • “Utah Federal Court Rejects Copyright Lawsuit Challenging Advertisers’ Right to Freely Use “Digitized” Vehicle Images,” IPLS Proceedings (Mich. Bar IP Section) (2007)
  • “Practice Tips: Cyber Court,” Michigan Bar Journal (2003)
  • “Removing an Ethical Barrier to Serving the Poor,” Michigan Bar Journal (2002)
  • “Learning to Sweat the Small Stuff in Life Insurance Litigation,” Bar Briefs (Macomb County Bar Association) (2002)
  • “A Reasonable Expectation of Privacy: Can Michigan Attorneys Safely Use Unencrypted Internet E-Mail for Confidential Communications?,” Michigan Bar Journal (1999)

Ebooks

  • Social Media & School Discipline (2013)
  • Augmented Legality 1.0 (2012)
  • Michigan and 6th Circuit Case Law on the Right of Publicity (2012)

Blogs

  • Augmented Legality®: Covering the law of augmented reality and emerging media since 2011
  • Ahead of the Curve: Virtual Reality Could Expose Automotive Companies to New Claims of False Advertising (11/3/16)
  • Wassom.com: Discussion on the Law of Social and Emerging Media (2011-present)

Media Mentions

Book

I wrote the first book on the legal challenges posed by the emerging medium of augmented reality and related technologies — what is now commonly referred to as “the metaverse.” Titled Augmented Reality Law, Privacy and Ethics: Law, Society, and Emerging AR Technologies, it was published in 2015 by Elsevier under its Syngress label.

Blog

In 2011, I launched Augmented Legality, the first blog dedicated to the discussion of legal issues surrounding augmented reality and other emerging technologies — what is now commonly referred to as “the metaverse.” Originally published at Wassom.com, this content now lives on Warner’s website, where archived content is available for download.

Testimonials

  • “Brian has been invaluable as our litigation counsel in Michigan. He helped us navigate through difficult procedural issues in a case for [a global brand], and was able to get us great results in an efficient manner.”
    – Partner at an international law firm

 

  • “Brian and his team present an excellent and sophisticated package for the litigation of intellectual property rights. We highly recommend him.”
    – Business & Intellectual Property Executive

 

  • “Brian is the most responsive professional I’ve ever dealt with.”
    – President of a worldwide sport product manufacturer

 

  • “Brian provided excellent counsel in a recent trademark dispute. In our initial call, Brian guided us as we established the objectives for a successful outcome and developed a strategy to achieve those objectives. In the course of the litigation, Brian demonstrated the highest ethics, a strong client focus, thoroughness, and creativity. He and his team delivered cost-effective, commercially successful outcome through quality legal service. Brian will receive my first phone call for any future IP dispute.”
    – Chief Legal Officer of an electric vehicle company

 

  • “We used Brian as part of our legal team on an extremely sensitive matter, and he was outstanding.”
    – CEO of a strategic consulting firm

 

  • “What Brian brings to our company is peace of mind. I no longer worry about legal outcomes. For the past many years, Brian has provided our company a level of protection, guidance and representation that has never failed to impress me. As I have shared with many business associates over the years, Brian is always the smartest and best prepared attorney in the room.”
    – President of an industrial ERP/IoT software consulting company
Image for Brian D. Wassom

Brian D.
Wassom

  • Partner
bwassom@wnj.com
Macomb County
T 586.303.4139
F 586.840.0600

My admin

Biography|
Credentials

industries

practices

In 2024:

In 2024:

In 2023:

  • “Digifest Fall 2023,” Sugar Land, Texas (11/14/23)
  • “AI Risks and Best Practices,” LKF Marketing Client Event (10/25/23)
  • “AI Guard Rails & Best Practices,” SBAM Leadership Council Fall Summit (10/12/23)
  • “Augmented Reality in Retail: Applications and Risks,” Presentation to the Future of Privacy Forum Immersive Tech Working Group (9/13/23)
  • “IP Issues for Business Lawyers,” Institute for Continuing Legal Education, (Recorded 7/13/23)
  • “AI Legal Issues,” TerraLex Intellectual Property, Licensing & Technology Virtual Session (5/23/23)
  • “Right of Publicity: Issues with Clearance and Enforcement in the U.S.,” International Trademark Association Annual Meeting, Singapore (5/19/23)
  • “Crowdsourcing TTAB Precedents: The U.S. Trademark Trial and Appeal Board’s Email Suggestion Box for Precedential Decisions,” International Trademark Association Annual Meeting, Singapore (5/16/23)

In 2022:

In 2021:

  • Supreme Court Social Media Case Mahanoy Area School District v. B.L. Interview, WDIV Local 4, (4/27/21)
  • The Supreme Court’s Decision in Google LLC v. Oracle America, Inc.: Hear from the Experts” (Moderator), AIPLA Webinar (4/21/21)
  • Social Media Evidence,” Kalamazoo Bar Association Bar Association, Grand Rapids Bar Association and NALS Speaker Series (3/18/21)
  • “How to Balance Privacy and Innovation in Augmented and Virtual Reality,” Information Technology & Innovation Foundation Virtual Event(3/4/21)
  • Copyright Update: The CASE Act, MLRC Entertainment Committee (1/13/21)

In 2020:

  • “Roundtable Discussion on State Sovereign Immunity,” Panelist, U.S. Copyright Office (12/11/20)
  • “Intellectual Property Challenges for Emerging Media and Art,” Media and Art in XR (12/10/20)
  • “NCAA Likenesses, Deceased Celebrities and Digital Avatars: Areas of controversy and hot topics for industries at risk from right of publicity claims,” AIPLA Annual Meeting (10/28/20)
  • “Business and Personal Defamation: Steps to Take if You or Your Business Fall Prey to this Rising Trend,” Warner Webinar (9/29/20)
  • “Trademark Threats on Instagram, TikTok, Facebook, and Other Social Media,” Strafford Webinar (8/19/20)
  • “Recent Developments in IP Case Law,” Eastern District of Michigan Chapter, Federal Bar Association Webinar (8/13/20)
  • “Law and Ethics in XR” (Discussion Leader), Augmented World Expo Online (5/26-29/20)
  • “Gaining Access to Government Data During COVID-19 with FOIA and OMA,” Warner Webinar (5/12/20)
  • Copyright Update: Allen v. Cooper, MLRC Entertainment Committee (4/1/20)
  • Copyright Update: Oracle v. Google, MLRC Entertainment Committee (3/4/20)
  • Hot Topics in IP – Right of Publicity, ABA Forum on Communication Law (2/7/20)

The following is a representative list of topics and over 120 audiences Brian addressed between 2009-2019:

  • Augmented Reality (including IP, automotive, health care, public policy, social change, and other legal issues)
    • Government:
      • Legal staff of the U.S. Senate Committee on Commerce, Science and Transportation
      • WIPO Summer School, US Patent & Trademark Office
    • Professional Seminars:
      • DETRealities Conference, Grand Circus, Detroit
      • TIECon, Detroit
      • Detroit Startup Week
      • CPCU Society and the Information Technology Interest Groups
      • “AR in Automotive,” Euroforum, Cologne, Germany
      • IEEE webinar
      • Quicken Loans Technology Conference, Detroit, Michigan
      • AHLA Telemedicine Bootcamp Series
      • AdCraft Detroit, Royal Oak, Michigan
      • ArtServe Michigan, Grand Rapids
      • Augmented World Expo, Santa Clara, California
      • VOX: The 4D Summit, Long Beach, California
      • MBA Media and Entertainment Conference, NYU Kimmel Center, New York
      • Mobile AR for Smartphones & Tablets Conference, CTIA, San Diego, California
    • Legal Associations:
      • ABA Forum on Communication Law Annual Meeting (Keynote)
      • AIPLA Spring Meeting
      • ABA Section on Intellectual Property Law
      • State Bar of Georgia
      • Michigan IP Law Association
      • Dayton IP Law Association
      • IT Section of the Michigan State Bar
    • Meetups:
      • AR Barcelona
      • AR New York
      • AR Chicago
      • AR Detroit
      • Tech248
      • Interact: Augmented Reality and Perfect Vision by 2020, Seattle, Washington
      • Mobile Monday Detroit
    • School Lectures:
      • CWRU Law School
      • NYU Polytechnic (guest lecturer)
      • Thomas Cooley Law School;
      • Michigan State University College of Law, International Law Journal Symposium, “Modern Global Revolution”
      • University of Michigan Law School
    • Media Interviews:
      • WISN-TV ABC (Milwaukee, WI)
      • MITechNews
      • Lawyer2Lawyer Podcast
      • Barely Legal Radio, The Patriot, AM1150
      • KNX 1070 NewsRadio, Los Angeles, California
  • Social & Digital Media (including IP, evidence, litigation, marketing, FTC regulation, legal ethics, student safety, policies, and other legal issues)
    • Professional Seminars:
      • Coverys Midwest Claims Legal Retreat
      • IDPF Digital Book, New York, New York
      • University of Texas Tech Law Conference, Austin, Texas
      • The Mobile Host Show
      • American Marketing Association of Southwest Michigan
      • Media Profs Enterprise Series
      • Strafford CLE Seminar
      • HCCS Webinar
      • New Media Expo, Las Vegas, Nevada
      • Michigan Society of Association Executives
      • The Hawaii Social Media Summit, Honolulu, Hawaii
      • Michigan Health & Hospital Association
    • Legal Associations:
      • Michigan Judicial Institute Spring Seminar, Michigan Hall of Justice, Lansing, Michigan
      • Annual Meeting of the Michigan District Judges Association
      • State Bar of Georgia
      • Washtenaw County Bar Association
      • State Bar of Michigan Paralegal Section
      • Institute for Continuing Legal Education
      • Technology Forum and Vendor Fair, Lake Oswego, Oregon
      • ABA TechShow
      • Interlaw
      • Michigan Poverty Law Center
      • Women’s Bar Association, Oakland County Chapter
      • Macomb County Bar Association
    • Schools:
      • University of Michigan Ross Business School
      • Fraser Public Schools, Fraser, Michigan
      • Cooley Law School
      • Michigan State University College of Law
      • Pulliam Center for Contemporary Media, DePauw University, Greencastle, Indiana
    • Client In-House Presentations:
      • Legal staff of a Fortune 150 company
      • Journalist staff of a statewide news organization
    • Media Interviews:
      • IT in the D Podcast
      • Bloomberg Law Show, Bloomberg Radio
      • The Emily Rooney Show, WGBH Radio, Boston, Massachusetts
      • Channel 56’s Due Process
  • Privacy/Cybersecurity
    • North American International Cyber Summit
    • IAPP KnowledgeNet
    • Embedded Vision Alliance, San Diego, California
    • Automated Vehicle Symposium, Ann Arbor, Michigan
    • Mobile Monday Detroit, NextWave Accelerator, Troy, Michigan
    • CreativeMany, Detroit, Michigan
    • Augmented World Expo, Santa Clara, California
    • Security Symposium, Detroit Athletic Club
    • Original Equipment Suppliers Association (OESA) Symposium & Legal Issues Council
  • Media Law (including the First Amendment, free speech, press freedoms, Freedom of Information Act, Open Meetings Act, public records, defamation, public relations)
    • Journalist staff of a statewide news organization
    • PRSA APR Prep Sessions
    • Lorman Education Services, Dearborn, Michigan
    • Oakland County Circuit Court, Pontiac, Michigan
    • Warren Consolidated School District
    • Lake Shore High School
  • IP Law (including copyrights, trademarks, and the right of publicity)
    • Strafford CLE Webinars
    • University of Dayton Law School
    • International Association of Speakers Bureaus Annual Meeting, Miami, Florida
    • Thomas M. Cooley Law School, Auburn Hills, Michigan
    • Dayton Intellectual Property Law Association
    • Michigan Intellectual Property Lawyers Association
    • State Bar of Michigan Intellectual Property Law Section Spring Seminar
    • Macomb County Bar Association
    • AIPLA Spring Meeting
  • Litigation Technology
    • Federal Bar Association, ED Mich. Chapter, Federal Courthouse, Detroit, Michigan
    • ABA Tech Show
    • State Bar of Michigan, Bar Leadership Forum
  • Business Courts
    • “Legally Speaking,” Sterling Heights Television (guest host)
    • “Trends in Business Court Practice,” Institute for Continuing Legal Education (video)
  • Professionalism, Leadership, Critical Thinking
    • Wayne State University, Dept. of Radiation Oncology (several guest lectures)
    • Utica Academy for International Studies, Sterling Heights, Michigan(keynote)

watch my videos

Books

Books

Treatise Chapters

  • Immersive Technology Standards for Accessibility, Inclusion, Ethics, and Safety, Cyber XR Coalition (2020) (contributor)
  • Trademark Laws: Michigan (Practical Law) (2014-2017)
  • Right of Publicity Laws: Michigan (Practical Law) (2014-2017)
  • Open Government Guide: Open Records and Meetings Laws in Michigan, Reporters Committee for Freedom of the Press (with H. Fink and K. Araya) (2006-present)
  • Employment Libel and Privacy Law: Michigan, Media Law Resource Center (2011-present) (with C. Evans)
  • Identity and its Consequences: The Importance of Self-Image, Social Media, and the Right of Publicity to IP Litigators, Litigation Strategies for Intellectual Property Cases (Aspatore) (2012)

Law Review Scholarship

  • “Uncertainty Squared: the Right of Publicity and Social Media,” Syracuse Law Review (2013)
  • “Unforced Rhythms of Grace: Freeing Houses of Worship from the Specter of Copyright Infringement Liability,” Fordham Intellectual Property & Media & Entertainment Law Journal (2005)
  • “Copyright Infringement in Worship Services: Problems and Potential Solutions,” Journal of Arts Management, Law & Society (2006)
  • “The Exception That Swallowed the Rule? Women’s Medical Professional Corporation v. Voinovich and the Mental Health Exception to Post-Viability Abortion Bans,” Case Western Reserve Law Review (1999)
  • “Copyright Implications Of Unconventional Linking on the World Wide Web: Framing, Deep Linking and Inlining,” Case Western Reserve Law Review (1998)

Periodical Articles

  • “Pirates of the Copyrighted: Who Will Defend Creators From Marauding State Governments?,”Communications Lawyer (Summer 2020)
  • “Beware of coronavirus scams and phishing attacks,” Midland Daily News (May 5, 2020)
  • “The IP power pause: Finding opportunities among the chaos,” Grand Rapids Business Journal (April 13, 2020)
  • “Supreme Court Gives a Pass to State-Sanctioned Piracy of Media Copyrights,” Forum on Communication Laws, American Bar Association (April 9, 2020)
  • “U.S.: Sovereign Pirates: Copyright Owners Lose Their Remedies Against State Governments,” MediaLawLetter (April 2020)
  • “Supreme Court Expands and Clarifies Copyright Law’s Government Edicts Doctrine,”MediaLawLetter (April 2020)
  • “Our Take: Supreme Court limits public access to commercial data under federal FOIA,” Holland Sentinel.com (July 14, 2019)
  • “DSRC vs. SGLTE: Which Will It Befor Connected Vehicles?,” Wards Auto (July 23, 2018)
  • “Restrictions on location based augmented reality games likely to be unconstitutional,” Cyber Security Practitioner, August 25, 2017
  • “How Pokémon GO Players Could Run Into Real-Life Legal Problems,” The Hollywood Reporter, July 11, 2016
  • “Emerging Legal Issues in the Internet of Things,” Legal Frontiers in Digital Media (Media Law Resource Center) (May 2015)
  • “Navigating the Rights and Risks in Social Reading,” Publishing Research Quarterly (Sep. 2015)
  • “Protecting and Exploiting Rights of Publicity,” The Licensing Journal (2014)
  • “Body Cameras For Police Officers: What About For Ordinary Citizens?,” Forbes (Dec. 23, 2014) (with Dr. Steve Mann)
  • “Book Review: Year Zero by Rob Reid,” Landslide (ABA Section on IP) (2013)
  • “IP in an Augmented Reality,” Landslide (ABA Section on IP) (2014)
  • “Augmenting Perceptions of Society and Self,” Cyber Therapy & Rehabilitation (2012)
  • “The Coming Conundra: Real Laws in an Augmented Reality,” SideBar (FBA Federal Litigation Section) (2011)
  • “Is “Google Scholar” the Lexis/Westlaw-Killer?,” The Litigation Newsletter (Mich. Bar Litigation Section) (2010)
  • “Rule 12(b)(6) Motions: Not Just for ‘Little Green Men’ Anymore,” SideBar (FBA Federal Litigation Section) (2010)
  • “The Right of Publicity: Why the Red-Headed Stepchild of the IP World Deserves a Second Look,” IPLS Proceedings (Mich. Bar IP Section) (2009)
  • “The Right of Publicity,” Bar Briefs (Macomb County Bar Association) (2009)
  • “The Basics of Protecting Your Client’s Intellectual Property,” Bar Briefs (Macomb County Bar Association) (2008)
  • “Utah Federal Court Rejects Copyright Lawsuit Challenging Advertisers’ Right to Freely Use “Digitized” Vehicle Images,” IPLS Proceedings (Mich. Bar IP Section) (2007)
  • “Practice Tips: Cyber Court,” Michigan Bar Journal (2003)
  • “Removing an Ethical Barrier to Serving the Poor,” Michigan Bar Journal (2002)
  • “Learning to Sweat the Small Stuff in Life Insurance Litigation,” Bar Briefs (Macomb County Bar Association) (2002)
  • “A Reasonable Expectation of Privacy: Can Michigan Attorneys Safely Use Unencrypted Internet E-Mail for Confidential Communications?,” Michigan Bar Journal (1999)

Ebooks

  • Social Media & School Discipline (2013)
  • Augmented Legality 1.0 (2012)
  • Michigan and 6th Circuit Case Law on the Right of Publicity (2012)

Blogs

  • Augmented Legality®: Covering the law of augmented reality and emerging media since 2011
  • Ahead of the Curve: Virtual Reality Could Expose Automotive Companies to New Claims of False Advertising (11/3/16)
  • Wassom.com: Discussion on the Law of Social and Emerging Media (2011-present)

Media Mentions

Book

I wrote the first book on the legal challenges posed by the emerging medium of augmented reality and related technologies — what is now commonly referred to as “the metaverse.” Titled Augmented Reality Law, Privacy and Ethics: Law, Society, and Emerging AR Technologies, it was published in 2015 by Elsevier under its Syngress label.

Blog

In 2011, I launched Augmented Legality, the first blog dedicated to the discussion of legal issues surrounding augmented reality and other emerging technologies — what is now commonly referred to as “the metaverse.” Originally published at Wassom.com, this content now lives on Warner’s website, where archived content is available for download.

Testimonials

  • “Brian has been invaluable as our litigation counsel in Michigan. He helped us navigate through difficult procedural issues in a case for [a global brand], and was able to get us great results in an efficient manner.”
    – Partner at an international law firm

 

  • “Brian and his team present an excellent and sophisticated package for the litigation of intellectual property rights. We highly recommend him.”
    – Business & Intellectual Property Executive

 

  • “Brian is the most responsive professional I’ve ever dealt with.”
    – President of a worldwide sport product manufacturer

 

  • “Brian provided excellent counsel in a recent trademark dispute. In our initial call, Brian guided us as we established the objectives for a successful outcome and developed a strategy to achieve those objectives. In the course of the litigation, Brian demonstrated the highest ethics, a strong client focus, thoroughness, and creativity. He and his team delivered cost-effective, commercially successful outcome through quality legal service. Brian will receive my first phone call for any future IP dispute.”
    – Chief Legal Officer of an electric vehicle company

 

  • “We used Brian as part of our legal team on an extremely sensitive matter, and he was outstanding.”
    – CEO of a strategic consulting firm

 

  • “What Brian brings to our company is peace of mind. I no longer worry about legal outcomes. For the past many years, Brian has provided our company a level of protection, guidance and representation that has never failed to impress me. As I have shared with many business associates over the years, Brian is always the smartest and best prepared attorney in the room.”
    – President of an industrial ERP/IoT software consulting company