Brendan J. O’Rourke

Advertising

Lawrence I. Weinstein, Brendan J. O’Rourke, Jennifer Yang | Proskauer

On March 25, 2014, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act. In a unanimous decision authored by Justice Scalia, the Court held that to have standing, a plaintiff simply must plead "an...

Intellectual Property

Brendan J. O’Rourke, Lawrence I. Weinstein, Erika M. Stallings | Proskauer

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye to eye concerns who has standing to sue under the Lanham Act’s false advertising prong. On...

Lawrence I. Weinstein, Brendan J. O’Rourke | Proskauer

Editor: Please tell our readers about your practice. O'Rourke: Our clients generally are big consumer products companies that are concerned about either trademark issues or false advertising issues as well as copyright and related issues. Larry and I also service our firm's...

Brendan J. O’Rourke | Proskauer

Defendant Google Inc. ("Google") won a major legal victory last month when a federal judge ruled from the bench that the Internet search engine could continue its practice of selling ads triggered by searches using the trademarks and company names of others. Government...