BROOKE OLIVER
Founder/Managing Attorney
brooke@okslaw.com

 

Brooke Oliver is the firm's founder.  She is an

A-V rated attorney whose expertise include art law, copyright, contracts, negotiations, publicity rights, trademark, nonprofits, and business.

Education

J.D., Highest Honors,
Golden Gate University Law School, 1994. Editor-In Chief,
Golden Gate Law Review, 1994.

B.S., High Honors, University of
California, Davis Applied
Behavioral Sciences/Organizational Development, 1988

Admissions & Memberships
  • State Bar of California
  • U.S. District Court, Northern, Central, Eastern, and Southern Districts of California
  • U.S. Court of Appeals, Ninth Circuit
  • Federal Circuit
  • U.S. Tax Court
  • American Bar Association
  • Bar Association of San Francisco
  • San Francisco Intellectual Property Association
  • Bay Area Lawyers for Individual Freedom (BALIF)
  • Graphic Artists Guild
  • California Lawyers for the Arts

Publications

Native American Art Themes and Legal Issues (with Cheryl Fairbanks, Esq.); CLE International, 2006

 

New Media Art: The Artist's Perspective in Museum Acquisitions, ALI-ABA Museum Administrators Conference, 2005

VARA/CAPA Legal Update; CLE International, 2005

Expanding Art Markets: Prints, Certificates of Authenticity, and Art Licensing; CLE International 2004

Art On & Off the Wall: Rights of Integrity & Attribution in Murals and Sculptures; ABA Intellectual Property Section Conference, Summer 2003

 

"Balancing Muralists' Intellectual Property with Real Property Rights" Artistic License Vol. 8/No. 1 (1999)

"Inspiration on the Streets - Muralists Rights & Entrepreneurship," Artistic License Vol. 6/No. 3 (1997)

Law Review, "Contracting for Cohabitation" 23 Golden Gate L. Rev. 899 (1993)

Community Involvement

  • Vecinos del Barrio, S.F.
  • Various nonprofits

Representative litigation includes:

Jerry Garcia Estate LLC v. Moe’s Southwest Grill, LLC, et al.: Along with co-counsel, Michael Crain, Oliver successfully litigated a copyright, trademark and publicity rights action against a national restaurant franchisor and many of its franchisees for violations of the firm's clients' intellectual property rights in the restaurant's trade dress and advertising.  Other clients in this case include the estates of John Lennon, Frank Sinatra, Janis Joplin, Jimi Hendrix, Bob Marley, Barry White and Miles Davis.

 

Campusano v. Cort
Ms. Oliver represented muralist Jesus Campusano's heirs and Elias Rocha against a developer for whitewashing the monumental Lilli Ann Mural in the Mission District, alleging violations of federal and state visual artists' rights laws. Ms. Oliver obtained a T.R.O., a preliminary injunction, a mandatory injunction, and finally a $200,000 settlement. Heller, Ehrman, White, & McAuliffe joined as co-counsel.

 

Cervantes et al v. Corbis
Ms. Oliver, with co-counsel Cotchett, Pitre & Simon, filed suit against Corbis Corporation, a Bill Gates company, for copyright, trademark, and publicity rights infringement on behalf of muralists, the U.F.W.-A.F.L.-C.I.O., and Dolores Huerta. The case settled amicably.

 

United Farm Workers Union of America, A.F.L.-C.I.O. v. Aeromexico:
Ms. Oliver successfully brought an action before the Trademark Trial and Appeals Board opposing an airline's attempt to register the U.F.W.'s famous slogan "Si Se Puede" as its own. She later secured federal registration of the mark for the Union.

 

Gonzales v. Sandoval & Perez
Ms. Oliver defended a Mission District art gallery against a commercial unlawful detainer at a time when many arts organizations and artist spaces were evicted due to the dot com explosion in San Francisco.

Legal Advisor to Films includes:

Heart of the Sea
Ms. Oliver served as legal advisor for this documentary on world-class surfer Rell Sunn. Produced by Charlotte Lagarde and directed by Lisa Denker and Charlotte Lagarde, this documentary aired on PBS' Independent Lens in 2003.

Thoth
Ms. Oliver served as legal advisor for this documentary on street performer S.K. Thoth. Produced by Sarah Kernochan and Lynn Appelle and directed by Sarah Kernochan, this documentary aired on Cinemax in 2002 and won an Academy Award for Best Documentary Film on a Short Subject.

Ms. Oliver represents many businesses and nonprofits, including the Oceanic Society and the San Francisco Gay, Lesbian, Bisexual, and Transgender Pride Celebration Committee, Inc. She has helped numerous companies establish themselves as corporations and LLC's, and aided nonprofits to achieve tax exempt status. She actively instructs other members of the bar, including presentations on artists' rights at the national Visual Arts & Law Conference in Santa Fe, N.M. and to attorneys groups. She has presented workshops on copyrights, trademarks, licensing, and Progressive Private Practice at many law and art schools around the Bay Area. For the past three years, Ms. Oliver has judged oral arguments at the Saul Lefkowitz National Moot Court Competition. Before law school, she was a labor organizer for 10 years, then spent 6 years as national marketing director for a cable TV multiple system operator and national sales manager for a commercial equipment leasing firm. This extensive labor and business experience lends depth to Ms. Oliver's legal judgement. She remains an activist, speaks conversational Spanish, and collects art.

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