Mr Brendan O'Rourke > Proskauer Rose LLP > New York, United States > Lawyer Profile

Proskauer Rose LLP
NEW YORK, NEW YORK 10036-8299
United States
Brendan O'Rourke photo

Work Department



Brendan O’Rourke is the immediate past co-chair of Proskauer’s Litigation Department and co-head 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.


Lawyer Rankings

United States > Media, technology and telecoms > Advertising and marketing: litigation

(Hall of Fame)

Brendan O’RourkeProskauer Rose LLP

Proskauer Rose LLP‘s IP team in New York, jointly co-led by Brendan O’Rourke and Baldassare Vinti, is notably active in false advertising matters, encompassing defending false advertising claims, investigations, and launching actions. The team is highly skilled in class action litigation as well as competitor versus competitor lawsuits, having longstanding experience in the luxury, medical care and sport sectors, among others. Vinti specialises in advertising class actions and Lanham Act matters, while senior counsel Jeffrey Warshafsky received praise for being ‘knowledgeable and very down to earth.’ Senior associate Jennifer Yang is ‘consistently up on the latest developments in ad law.’ Lawrence Weinstein left the firm in January 2022.

United States > Media, technology and telecoms > Media and entertainment: litigation

Between New York and Los Angeles, Proskauer Rose LLP is home to a broad entertainment practice with a strong focus on contentious litigation pertaining to the music industry, the firm represents organizations, recording companies, and individual artists. Practice head Sandra Crawshaw-Sparks divides her time between the two offices, as she represents clients in contractual disputes, matters pertaining to copyright and trademarks, unfair competition, and right to privacy. Brendan O’Rourke from New York is a seasoned litigator who led the team in representation of Young Hollywood in a lawsuit brought by White Ops, Inc. alleging several offenses under the Lanham Act. Further recommended in New York is senior counsel David Munkittrick, a specialist in copyright litigation and compliance whose clients include key music companies as well as high-profile individual artists.

United States > Intellectual property > Trademarks: litigation

Proskauer Rose LLP leverages its worldwide presence, representing both plaintiffs and defendants involved in high-profile trademark disputes, from major multinationals to start-ups and entrepreneurs, across the sports, consumer products, food & beverage, and media and entertainment sectors. Veteran trademark and false advertising litigator Brendan O’Rourke leads the team, along with Baldassare Vinti, who acts for clients in such tech-related matters as digital video compression, prosthetics and medical devices. Support is provided by senior counsel Jeffrey Warshafsky, promoted in November 2021, who has brought anti-counterfeiting actions on behalf of the NFL. Lawrence Weinstein left the firm in January 2022. All lawyers mentioned work in the New York office.