Mr Brendan O'Rourke > Proskauer Rose LLP > New York, United States > Lawyer Profile
Proskauer Rose LLP Offices
11 TIMES SQUARE
NEW YORK, NEW YORK 10036-8299
NEW YORK
United States
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Mr Brendan O'Rourke
Work Department
Litigation
Position
Brendan O’Rourke is the immediate past co-chair of Proskauer’s Litigation Department and chair of the False Advertising & Trademark Group. From the inception of his career, Brendan has concentrated in the field of trademark, false advertising, and unfair competition law, and has provided day-to-day trademark, false advertising, and Lanham Act counseling to many Fortune 500 clients, as well as start-up companies and entrepreneurs. He is a first-rate, first-chair trial lawyer, having successfully tried numerous trademark, trade dress, unfair competition, false advertising, copyright and entertainment cases involving diverse products and companies, and has significant experience in obtaining emergent relief, including preliminary injunctions, temporary restraining orders, seizure orders, and ex parte relief.
His experience includes all phases of trademark and false advertising counseling and litigation, including complex issues involving consumer survey research and claim substantiation, and inter partes proceedings before the U.S. Trademark Trial and Appeal Board and the Federal Circuit.
Brendan is also a very experienced commercial litigator and has represented a diverse array of well-known clients in state and federal courts throughout the United States.
Brendan is a frequent lecturer, has had numerous articles published in the fields of trademarks, false advertising, copyrights, and patents, and has appeared on national television to discuss trademark litigation. He has chaired INTA’s advanced forum on the Trademark Law and Revisions Act, INTA’s third annual “Trademarks in Cyberspace” forum, INTA’s Annual Leadership Meeting, as well as INTA’s Annual Basics Forum. He also has served on many INTA project teams, including the joint forum between INTA and NAD on false advertising, where he led a discussion and panel on claim substantiation. Brendan is also a frequent lecturer for the AIPLA and NYIPLA.
In addition to his vast experience trying cases, Brendan has significant experience in mediation through both the federal courts and the INTA panel of neutrals for clients such as Kraft, Estee Lauder, Madonna, Bristol-Myers Squibb, Federal Signal, and EMI. Brendan’s experience includes Internet and domain name disputes, including successful ICANN proceedings for Madonna, Estee Lauder, and Shania Twain, and self-regulatory advertising arbitrations before the National Advertising Division (“NAD”) and the National Advertising Review Board (“NARB”) of the Better Business Bureau on behalf of clients such as Colgate-Palmolive, Bristol-Myers Squibb, SC Johnson, Mead Johnson, and Bausch & Lomb.
Brendan has tried and been involved in a variety of cases and reported decisions of interest in his field, including Stark v. Diageo Chateau & Estate Wines; Taymor v. 8 Legged Production; Jackson Family Wines v. Diageo Chateau & Estate Wines; Buday v. The New York Yankees; Major League Baseball v. Upper Deck; Anheuser-Busch v. Major League Baseball; GlaxoSmithKline v. Colgate-Palmolive; Mendenhall v. Hanesbrands; The London Group v. SiTV; Lester v. U2; Brando Estate v. Madonna; Perot Government Systems v. 21CSI; Colgate v. P&G; Guinness v. Anheuser-Busch; Extreme Color v. Clairol; TT Sounds Good v. Tommy Lee; EMI v. Hill Holiday; Emergency One v. American Fire Eagle; RIAA v. Napster; Parisi v. Madonna; Platypus v. Bad Boy and Sean John; SC Johnson v. Clorox; Phillip Morris v. Allen; Elk v. GAF; Fabrications v. Hygenic; Bristol-Myers v. McNeil Labs; Kunycia v. Kay Bee Toy Stores; L.A. Gear v. Thom McAn; Vision Street Wear v. Melville; Edison Bros. v. Cosmair, McDonald’s Corp. v. McBagels, and MasterCard v. American Express.
Lawyer Rankings
United States > Media, technology and telecoms > Advertising and marketing: litigation
(Hall of Fame)Proskauer Rose LLP’s false advertising and trademark group is well regarded for its advertising litigation capabilities, which covers investigating, prosecuting, and defending against advertising, marketing, and unfair competition matters. It acts for a broad range of clients, with strong expertise in both consumer class actions and competitor versus competitor lawsuits. New York-based Baldassare Vinti heads the group, as well as the wider intellectual property practice at the firm, and has significant experience acting for clients in advertising class actions and Lanham Act-related disputes, with expertise across the pharmaceutical, life sciences and healthcare, food and beverage, and consumer products industries. Other key contacts include senior counsel Jeffrey Warshafsky, who specializes in trademark and false advertising disputes, and Jennifer Yang, who was recently promoted to senior counsel and has experience handling both Lanham Act and consumer class action false advertising litigation, as well as advertising challenges before the NAD. New York-based Brendan O’Rourke is also noted for his experience in this space.
Lawyer Rankings
- Hall of Fame United States > Media, technology and telecoms > Advertising and marketing: litigation
- Advertising and marketing: litigation United States > Media, technology and telecoms
Top Tier Firm Rankings
- Labor and employment > Employee benefits, executive compensation and retirement plans: design
- M&A/corporate and commercial > Venture capital and emerging companies
- Labor and employment > Labor and employment disputes (including collective actions)
- Labor and employment > Labor-management relations
- Intellectual property > Copyright
- M&A/corporate and commercial > M&A: middle-market ($500m-999m)
- Industry focus > Sport
- Labor and employment > Workplace and employment counseling
Firm Rankings
- Media, technology and telecoms > Advertising and marketing: litigation
- Insurance > Advice to policyholders
- Investment fund formation and management > Alternative/hedge funds
- Intellectual property > Copyright
- Labor and employment > Employee benefits, executive compensation and retirement plans: transactional
- Labor and employment > ERISA litigation
- Dispute resolution > General commercial disputes
- Tax > International tax
- Tax > Not-for-profit (nonprofit and tax exempt organizations)
- Investment fund formation and management > Private equity funds (including venture capital)
- Real estate > Real estate
- Real estate > Real estate investment trusts (REITs)
- Tax > US taxes: non-contentious
- Media, technology and telecoms > Cyber law (including data privacy and data protection)
- Labor and employment > Immigration
- Media, technology and telecoms > Media and entertainment: litigation
- Finance > Restructuring (including bankruptcy): corporate
- Antitrust > Civil litigation/class actions: defense
- Dispute resolution > Corporate investigations and white-collar criminal defense
- Environment > Environment: transactional
- Healthcare > Life sciences
- Media, technology and telecoms > Media and entertainment: transactional
- Investment fund formation and management > Mutual/registered/exchange-traded funds
- M&A/corporate and commercial > Private equity buyouts: large deals ($500m+)
- Dispute resolution > Product liability, mass tort and class action - defense: consumer products (including tobacco)
- Dispute resolution > Securities litigation: defense
- Healthcare > Service providers
- Media, technology and telecoms > Technology transactions
- Intellectual property > Trade secrets (litigation and non-contentious matters)
- Intellectual property > Trademarks: litigation
- M&A/corporate and commercial > M&A: large deals ($1bn+)
- Dispute resolution > Leading trial lawyers
- Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)
- Finance > Commercial lending