| Biography:
From the inception of his career, Brendan O'Rourke 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 litigator, having successfully tried numerous trademark, trade dress,
unfair competition, false advertising, and copyright 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. He has tried and been involved in a variety of
cases and reported decisions of interest in his field, including 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.
He is a nationally recognized leader, a "go-to" counselor and litigator,
designated by Who's Who Legal, the International Who's Who of Business Lawyers,
as one of the top lawyers in the field.
His expertise 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 United
States Trademark Trial and Appeal Board and the Federal Circuit.
Mr. O'Rourke 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 is an active member of the International Trademark Association (INTA), having
served on its Education Committee (1987-1989), its Forums Committee (1990-1993),
Legislation Committee (1994-1996) (where he served on the INTA Task Force responsible
for the enactment of the Federal Dilution Statute in 1996), Meetings Committee
(1997-2001), Alternative Dispute Resolution Committee (2001-2003), and Programs
Committee (2003-). He has chaired INTA's Annual Basics Forum; an advanced forum
on the Trademark Law and Revisions Act; INTA's third annual "Trademarks
in Cyberspace" forum in Boston in October 2000; and INTA's Annual Leadership
Meeting, and has served on many INTA project teams, including the joint forum
between INTA and NAD on false advertising (March 2000, New York), where he led
a discussion and panel on claim substantiation.
In addition to his vast experience trying cases, Mr. O'Rourke 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. Mr. O'Rourke's expertise includes Internet and domain
name disputes, including successful ICANN proceedings for Madonna, Estee Lauder,
Donald Trump, 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 Bristol-Myers
Squibb, SC Johnson, Mead Johnson, and Bausch & Lomb.
Mr. O'Rourke received his undergraduate degree from Boston College, cum
laude, in 1981 with a double major in English and philosophy. He received
his Juris Doctorate in 1984 from Fordham University School of Law, where he
captained the Fordham National Trial Advocacy Team. He is admitted to practice
in all courts in the State of New York and numerous United States District Courts
and Federal Courts of Appeals, including the Second, Fourth, Ninth, and Federal
Circuits.
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