Brooke A. Penrose

Partner
Brooke is a trusted ally in safeguarding trademark rights and navigating the privacy and data security legal landscape with strategic finesse and practical expertise.
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Brooke focuses her practice on advising creators and innovators on trademarks, copyright, domain names, and other intellectual property matters, as well as personal information processing and data security regulations and best practices.

Trademark

Brooke consults with her clients to develop trademark strategies that best meet their needs. She often helps clients consider how to balance the scope of potential protection against their budget and risk tolerance. For companies with developed marks, she assists with enforcing or defending trademark claims if necessary and regularly pursues and defends against intellectual property disputes within the World Intellectual Property Organization and the US Trademark Trial and Appeal Board.

Copyright

Brooke helps with 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.

Privacy, Data Protection & Data Security

Another focus of her practice includes privacy, data protection, and data security concerns, including how to collect highly regulated information and develop compliance programs to meet the requirements of various US and international laws, including Written Information Security Program (WISP), California Consumer Privacy Act (CCPA), Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA), and General Data Protection Regulation (GDPR). Brooke also advises clients on data breach responses and develops staff training materials on best practices regarding privacy, data protection, and data security.

Previous Work

Prior to joining ArentFox Schiff, Brooke was a Partner in the intellectual property practice group of a Boston law firm. Prior to working in private practice, she worked at the Museum of Fine Art.

Client Work

Brooke’s representative matters include:

  • Managing the global trademark portfolio of one of the leading designers of small home appliances
  • Managing the global trademark portfolio of one of the top providers of behavioral assessments and talent optimization platform
  • Acts as outside privacy counsel for global market research company that works with the world’s leading brands in automotive & mobility, consumer goods & retail, energy, financial services, health, technology, telecommunications, and travel & tourism
  • Counseled dozens of cannabis businesses, entrepreneurs and investors on trademark matters in support of one of the leading cannabis practice groups in the country

Publications, Presentations & Recognitions

Publications

  • “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,” US Copyright Office, February 2013

Presentations

  • “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, US 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

Recognitions

  • Lawdragon 500 X – The Next Generation (2023)
  • 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)

Boards, Memberships & Certifications

Memberships

  • Boston Bar Association
  • Copyright Society of the United States of America
  • International Trademark Association

Certifications

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

Life Beyond the Law

Outside of work, Brooke enjoys movie nights and weekend day trips with her husband and young kids. She enjoys trying new vegetarian restaurants and recipes.

Perspectives