The members of our False Advertising & Trademark Group bring decades of collective experience to the representation of many of the world’s largest and most iconic companies. We are litigators who understand our clients’ businesses as well as the legal issues that define our clients’ abilities to aggressively advertise their products, prevent their competitors from falsely advertising competitive products, and protect and enforce their trademark rights.
The partners in our false advertising practice litigate false advertising cases and counsel clients on advertising substantiation law and strategy every day. They bring to these tasks a deep understanding of scientific test methods, statistics and consumer surveys. Unlike many other firms that practice in the field, our partners are experienced trial lawyers with a tremendous track record in jury and non-jury cases.
Proskauer’s experience and sophistication in this area is unparalleled. Our false advertising practice has been nominated for the “Chambers USA 2013 Award for Excellence,” which honors outstanding lawyers and law firms across the nation. Chambers USA and US Legal 500 have consistently ranked our capabilities as Band One, with the group’s co-heads, Brendan O’Rourke and Larry Weinstein, recognized individually as Band One false advertising litigators for: their track record of winning landmark cases ranging from single party to consumer class actions; commanding “the respect of the market” for their representation of clients before the NAD, NARB and U.S. federal and state courts; having a “national and international reputation for ... advertising and marketing work”; being “brilliant,” “tough, determined and terrifically smart”; and being “incredibly bright” with “great analysis and insight.”
The key players in our team also include partners Michael Mervis and Kevin Perra, experienced first-chair false advertising, trademark and IP litigators and counselors.
What's in a name? For many companies, the answer is "everything." Trademarks (the names, words, and other symbols our clients use to identify themselves and their products) 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. We have extensive experience and know-how in 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 second to none.
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.
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 the subtleties of trademark litigation, 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, our 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 as well as presenting and challenging expert testimony.
Areas of Focus
Litigation in Federal District and Appellate Courts
Challenges Before the NAD and NARB
Pre-Litigation Advice and Counseling
Labeling Approvals and Advertising-Related Inquiries by Federal Regulatory Agencies, including the FTC, EPA and FDA
Challenges before the National Television Networks
Trademark Clearance, Counseling and Prosecution
Transactional and Corporate Counseling
International Trademark Matters
Church & Dwight in a Lanham Act false advertising action initially commenced by competitor SPD in the Northern District of California and then transferred, on Church & Dwight’s motion, to the District of New Jersey
Scottsdale Insurance Company, a subsidiary of Nationwide Insurance, in the successful defense of a preliminary injunction motion brought against Scottsdale and co-defendant Wachovia Insurance Agency by ACE American Insurance, which asserted claims of trade secret misappropriation, tortious interference with contract and false advertising, and sought to enjoin defendants from entering into an insurance program agency agreement in alleged violation of ACE's rights
Merix Pharmaceuticals in two major false advertising litigations against pharma giant GlaxoSmithKline, one in federal court in Chicago and one in federal court in Newark, NJ