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Eric Gross is a senior partner in Gowlings' Toronto office. He has been practising in the combined areas of intellectual property law and the business law aspects of advertising and marketing since 1977.
The advertising and marketing law aspects of Eric's practice include advising on matters of privacy and publicity rights; advising on the importation of foreign source advertising and on matters related to non-resident performers; talent, music, book, film, photograph and artistic rights licensing; advertising copy review; contest promotions; coupon and premium promotions; advertising agency services agreements; and agency acquisitions.
Having originally established his practice in the area of advertising and marketing law, his practice now spans the operations and management aspects of technology and intellectual property driven companies. Eric's practice encompasses interactive media operations; internet access and content provider rights; website development and maintenance agreements; web portal services; copyright and trade-mark rights; licensing and technology licensing, including patent and software licensing; and transfers.
Eric combines his intellectual property knowledge base with his business/corporate law experience to provide comprehensive and interrelated advice to intellectual property rights-based companies.
Eric's clients include both local and multi-national advertising agencies, advertisers, production houses, publishers, web portal service providers and interactive media companies. He is currently counsel to a number of Canadian and U.S. interactive media companies and publishers as well as commercial website developers, Internet infrastructure software companies, Internet content providers and digital content distributors.
A past member of the editorial advisory board to the Media and Communications Law Review, Eric has delivered papers and spoken extensively in Canada and abroad on general advertising topics. Papers include the “Effective Supervision of Online Advertising and Marketing,” “Web Trends in Advertising,” the “Advernet,” “That’s Advertainment,” “Canadian Advertising Law – A Primer.”
Eric delivered a paper at an international law conference in Rio de Janeiro in September 2004 entitled “Keeping up with the Neighbours – Neighbouring Rights and other Third Party Claims in Advertising.”
Eric was invited to guest lecture at the University of British Columbia Law School in November 2005, speaking on the topic of multi-player video-game law under the title “Warning: Legal Experience may Change with Online Play,” and reprised the topic as a guest lecturer at the University of Toronto Law School the following year. His last speaking engagement was in 2008 in Berlin, Germany at the Adlaw International/GWA Gesamtverband Kommunikationsagenturen Annual Meeting where he delivered a paper entitled: “It’s the Reel Thing”: Copyright Infringement and Fair Dealing in Advertising Agency Show Reels.
Eric has co-written and edited the Canadian chapter for two recent editions of Advertising Law in Europe and North America, published by Kluwer Law International and was a contributor on aspects of Canadian law for the book Contemporary Advertising, 7th Edition, by William Arens, published by McGraw-Hill. Eric was the author of the chapter “Advertising Agency Services Agreements” in the 2004 and 2006 editions of Advertising and Marketing Law in Canada, published by Butterworths.
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