Proskauer Rose LLP has one of the leading Trademark and False Advertising Practices in the country. For more information about this practice area, contact:
Proskauer's Trademark Practice
What is in a name? For many companies, the answer is "everything." Trademarks (the names, words, and other symbols our clients use to identify themselves) can constitute a company's most valuable assets. Because under U.S. law, trademarks are valueless without the underlying goodwill symbolized by the particular mark, expert counsel in the creation, maintenance, and enforcement of brands is indispensable. At Proskauer Rose LLP, we have extensive experience and know-how in literally all areas of trademark and unfair competition practice. Indeed, we can safely say that Proskauer has assembled a group of trademark lawyers, paralegals, and administrators that is without peer. Our Trademark and False Advertising Practice Group consists of ten partners, two senior counsel, more than a dozen associates, and numerous legal assistants and administrators.
We have successfully handled every conceivable type of trademark matter, and we represent a diversified array of clients in trademark matters, including large, sophisticated multinational consumer products companies, entrepreneurs and start-ups, major entertainment companies and famous entertainers.
Trademark Litigation
Sound, strategic trademark advice requires extensive experience and expertise in trademark litigation. All trademark issues, whether they involve clearance, transactions, maintenance, or enforcement, require an in-depth understanding of the underlying case law and of the subtleties of trademark litigation practice, and all problems must be analyzed with a keen eye towards the possibility of litigation and the goal of litigation avoidance.
Representing both plaintiffs and defendants, Proskauer's trademark litigators have successfully handled the entire range of litigated trademark matters throughout the country, from temporary restraining orders, preliminary injunctions, seizure orders and recalls, to full bench and jury trials on the merits. We also have vast experience with consumer surveys and survey evidence.
Trademark Transactional and Corporate Practice
Proskauer's trademark lawyers provide counseling for a wide range of business transactions, including structuring domestic and multinational acquisitions, joint ventures, distributorships, financing, franchise arrangements, due diligence, workouts, bankruptcies, investments, assignments, and licensing. Indeed, the success of many such transactions can turn on the seller's ability to deliver clear title to registered and well-maintained trademarks and other intellectual property rights. Our lawyers regularly investigate and evaluate the quality and transferability of trademarks in transactional contexts.
Trademark Clearance, Counseling, and Prosecution
The Trademark Group provides experienced counseling concerning the establishment and maintenance of trademarks. We assist a wide variety of national and multinational businesses in every aspect of their trademark needs, such as: trademark searches and clearance; registration, maintenance and renewal of trademarks; handling contested matters in the Patent and Trademark Office; negotiation and drafting of contracts, including licenses, assignments and franchise agreements; and the monitoring of infringing uses of clients' marks and strategic advice concerning appropriate enforcement measures.
International Trademark Practice
Proskauer provides expert service in the protection of trademarks abroad. Through an extensive network of foreign counsel cultivated over many years, and with the input of some of our most influential clients in the world of international trademark practice, we efficiently prosecute and maintain our clients' important brands worldwide.
Proskauer's False Advertising Practice
We have one of the leading false advertising litigation practices in the country, with unparalleled capabilities in the field of advertising law. Proskauer regularly represents a variety of major national advertisers and advertising agencies in all facets of false advertising dispute resolution and counseling, including:
- Litigation in federal district and appellate courts
- Advertising challenges before the National Advertising Division of the Council of Better Business Bureaus ("NAD") and the National Advertising Review Board, NAD's appellate arm
- Advertising challenges before the national television networks
- Labeling approvals and advertising-related inquiries by federal regulatory agencies, including the FTC, the EPA and the FDA
- Pre-litigation advice and counseling concerning the explicit and implicit messages communicated by advertisements (both those of our clients and of their competitors) and the sufficiency of substantiation for advertising claims
True knowledge in the false advertising field requires substantial understanding of the advertising industry, as well as of the industries that produce the vast bulk of advertising disputes -- consumer products and pharmaceuticals. From the representation by Proskauer lawyers of leading consumer products companies such as S.C. Johnson Wax; Kraft Foods; Bristol-Myers Squibb; and Church & Dwight, and some of the nation's leading advertising agencies, Proskauer knows these industries intimately.
Similarly, because false advertising disputes virtually always turn either on the adequacy of advertising claim substantiation; consumer reaction to the advertisements, as measured by consumer surveys; or both, false advertising litigators must have extensive experience in scientific testing methodology, statistical analysis and consumer survey design and interpretation. In each of these technical areas, Proskauer lawyers are among the most experienced in the country.
The bottom line, of course, is a successful result for the client, whether it be a victory in federal court, before NAD, NARB or the television networks, or via a negotiated resolution that avoids litigation entirely. Here, the record of Proskauer's experienced and skilled litigators is simply unmatched. Proskauer's false advertising lawyers are experienced and accomplished trial and appellate litigators. This is not only an enormous benefit for the many matters that actually proceed to trial; but our reputation as skilled trial lawyers regularly helps our clients obtain beneficial settlements as well.
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