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Proskauer Rose LLP

Work +1 212 969 3000
Fax +1 212 969 2900

Brendan O'Rourke

Work (212) 969-3120
Proskauer Rose LLP

Work Department



Brendan O’Rourke is co-chair of Proskauer’s Litigation Department and co-head of the False Advertising & Trademark Group. Brendan’s practice focuses on the field of trademark, false advertising and unfair competition law; he has provided day-to-day trademark, false advertising and Lanham Act counseling to many Fortune 500 clients, start-ups and entrepreneurs. Brendan is a renowned, first-chair trial litigator who has represented a diverse array of well-known clients in state and federal courts throughout the United States. His clients include pharmaceutical companies, consumer products companies, sports governing bodies, teams and leagues, as well as some of the world’s most well-recognized celebrities.

United States: Dispute resolution

General commercial disputes

Within: General commercial disputes

Proskauer Rose LLP has a ‘deep bench of talented partners who have strong analytical, brief writing and trial skills’. It distinguishes itself from others in the market through the breadth of its commercial litigation practice. Sports litigation is a standout area; clients in this space include major US sports leagues. In the closely followed talc litigation, Bart Williams and Manuel Cachán in Los Angeles secured a complete defense verdict for Johnson & Johnson in a jury trial in St Louis. In New York, Bradley Ruskin and Margaret Dale negotiated a settlement on behalf of T-Mobile in a dispute with Experian following a security breach in 2015. Employment litigation is another strength, where Elise Bloom is recommended. Timothy Mungovan is ‘thorough, detail-oriented and disciplined’ and Stephen Ratner is praised for his ‘excellent judgment and wisdom’. The highly experienced Brendan O’Rourke jointly heads the litigation practice.

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United States: Intellectual property


Within: Copyright

Proskauer Rose LLP’s bicoastal practice is retained by major performers, songwriters and music studios as well as wider media and entertainment content owners and producers. Recent highlights included successfully defending long-term client Lady Gaga in separate infringement lawsuits relating to music and artwork on her album, Born This Way. The group is also defending Blackwell Fuller Music Publishing and Fifty-Six Hope Road, owners of the publishing rights to Bob Marley’s back catalogue, in a claim brought by Allan Cole, who claimed to have co-written the songs War and Natty Dread. Other music industry clients include Madonna and Ariana Grande. The practice is led by Los Angeles’ Sandra Crawshaw-Sparks and New York’s Brendan O’Rourke. Also in New York, Alexander Kaplan is recommended for non-contentious matters and has particular expertise in Digital Millennium Copyright Act (DMCA) and rights management work.

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Trademarks: litigation

Within: Trademarks: litigation

Proskauer Rose LLP’s ‘excellent’ New York-based team often acts for high-profile brands and has experience handling litigation with an international element. Co-head Brendan O’Rourke led advice to Energizer in a lawsuit brought against Spectrum Brands alleging trademark, trade dress and copyright infringement claims regarding Spectrum’s confusingly similar packaging. O’Rourke and Alexander Kaplan successfully assisted Triangl with litigation brought against a former Chinese supplier of swimwear manufactured by Triangl alleging trademark and trade dress infringement. Kaplan acted for Ascena Retail Group in a trademark and trade dress infringement dispute brought against BlueStar Alliance. The team, which is also led by Lawrence Weinstein, includes Sandra Crawshaw-Sparks.

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United States: Media, technology and telecoms

Advertising and marketing: litigation

Within: Leading lawyers

Brendan O’Rourke - Proskauer Rose LLP

Within: Advertising and marketing: litigation

Proskauer Rose LLPsets the bar for advertising litigation’, particularly false advertising disputes. Recent highlights include successfully representing Church & Dwight in litigation against SPD Swiss Precision Diagnostics regarding the advertising of pregnancy tests; practice co-head Lawrence Weinstein led the matter. Weinstein also obtained a dismissal for Monini North America in a class action false advertising lawsuit against plaintiffs who claimed its white truffle flavored extra virgin olive oil falsely advertised the product as containing white truffle, and defended Ralph Lauren in two consumer class actions alleging deceptive advertising and false outlet store pricing. Clients also praise co-head Brendan O’Rourke and Alexander Kaplan; Kaplan was part of the team which acted for Ascena Retail Group and its subsidiary Tween Brands in litigation against Bluestar Alliance regarding false advertising, copyright and trademark infringement issues. All attorneys mentioned are based in New York.

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