Robert E. Hough II

Partner
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Robert Hough

Overview

Robert Hough draws on his deep experience in advertising and brand protection to safeguard, enforce and commercialize some of the world's most iconic brands. Clients trust Robert as their first call when facing issues involving advertising, negotiation of licenses or promotional agreements or when they must take fast, strategic action to protect or enforce their valuable intellectual property.

With extensive experience in trademark clearance and enforcement, content clearance and licensing, prize promotions, advertising claims substantiation and cause marketing regulatory compliance, Robert helps clients navigate complex legal landscapes under the Lanham Act, Section 5 of the FTC Act and other federal and state consumer protection statutes. He has structured hundreds of brand promotions—including contests, sweepstakes, giveaways and charitable campaigns—across the United States and in global markets, ensuring clients avoid costly challenges from consumers, competitors and regulators.

Drawing on his prior career in the advertising industry, Robert is recognized for his practical approach to risk management, reflecting a deep understanding of the fast-paced advertising world and the challenges brand owners face across social media, web and emerging technology platforms.

Focusing on strategic dispute resolution techniques, Robert and his team have achieved significant victories in federal courts and administrative tribunals such as the TTAB, NAD, and WIPO, including in enforcement actions under the DMCA and UDRP. Clients value Robert’s ability to develop holistic, effective and economical strategies for global brand protection and enforcement.


Experience

Representative Matters

  • Defend national in-home fitness brand against $37 million infringement claims in Southern District of New York (prevailed on summary judgment)
  • Defend leading national accessories retailer against copyright infringement claims in the Central District of California
  • Enforce startup real estate brand’s federal trademark rights against infringer in the Northern District of Texas
  • Try trademark infringement case to jury on behalf of leading online education provider (plaintiff) in the Northern District of Texas
  • Defend ice hockey team in trademark opposition proceeding before the U.S. Trademark Trial and Appeal Board
  • Negotiate major airline brand placement in national television reality series
  • Negotiate talent engagement and content production agreements for the development and promotion of original music and companion music video for leading online dating services provider
  • Negotiate co-branding and promotional license agreements on behalf of major airline in connection with feature film release
  • Develop internal and external social media influencer policies for national financial services company
  • Draft and provide counsel regarding artwork donation and copyright license agreements on behalf of former U.S. President
  • Negotiate intellectual property rights for production of original music video and special edition card game for technology company’s advertising campaign in India
  • Negotiate multi-year integrated marketing campaign with e-sports team operating in the NBA 2K League.
  • Negotiate multi-year National Basketball Association jersey patch sponsorship for digital marketplace service provider
  • Provide counsel on the development and operation of new Kansas sports and special events arena
  • Negotiate multi-year brand ambassador agreement with professional athlete in the National Basketball Association
  • Negotiate licenses and operating agreement in connection with national soccer hall of fame museum and event center
  • Provide counsel in connection with the re-branding of a National Collegiate Athletic Association Division I Football Bowl Subdivision sporting event
  • Draft and provide counsel on licenses and operating agreement in connection with professional football hall of fame
  • Provide counsel to new owners of ice hockey team in North American Hockey League on re-branding efforts and negotiation of stadium rights
  • Provide counsel and draft licenses in connection with Major League Baseball stadium naming rights sponsorship
Credentials
Clerkships

Judicial Extern, Hon. Elizabeth Lang-Miers, Court of Appeals for the Fifth District of Texas

Education

J.D., Southern Methodist University Dedman School of Law, 2016, magna cum laude, Order of the Coif

B.S./B.A., University of Arkansas, 2008, cum laude, Honors Program

Admissions

Texas

Arkansas

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Western District of Texas

U.S. Court of Appeals for the Fifth Circuit

Honors

Best Lawyers: Ones to Watch, Best Lawyers, 2026

Memberships

Member, American Bar Association

Member, Dallas Bar Association

Member, International Trademark Association (INTA)

Board of Directors, Bluegrass Heritage Foundation

Member, Brand Activation Association

Member, United States Practical Shooting Association

Thought Leadership

Panelist, "Hot Topics in Esports Advertising from Both Sides: Brands and Esports Organizations," 2022 ANA Masters of Marketing Law Conference, November 8, 2022

"Basics of Promotions, Sweepstakes, Skill Contests and Gaming," 2020 ANA/BAA Marketing Law Conference, November 10, 2020

Moderator, "Protecting & Enforcing Your Brand in the Intellectual Property, Domain Name, and Mobile App Arenas," 2017 ANA/BAA Marketing Law Conference, November 14, 2017

"Top Advertising and Marketing Issues Facing Retailers Today," Consumer Products, Retail, and Franchise Industry Group, June 21, 2017

  • "Faces and Names: Modern Issues in Publicity Licensing," Journal of NCAA Compliance, March/April 2019