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Practices Practices Section


False Advertising & Trademark

Overview Experience Press Room


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.

False Advertising

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. The National Law Journal featured Proskauer on its 2014 Intellectual Property Hot List and U.S. News-Best Lawyers named Proskauer “Law Firm of the Year 2013” in Advertising. Our practice has also received the highest possible rating in advertising litigation in Chambers USA, The Legal 500 United States and U.S. News and World Report in every edition in which those publications have rated advertising lawyers.

Practice co-chairs Larry Weinstein and Brendan O’Rourke are recognized individually as Band One false advertising litigators by leading legal directories for their track record of winning landmark cases ranging from single party to consumer class actions. Clients commend them for commanding “the respect of the market” for their representation of clients before the NAD, NARB and U.S. federal and state courts and for having a “national and international reputation for...advertising and marketing work.” They are further described as “tough, determined and terrifically smart” with “great analysis and insight.” They have been named “star” New York litigators in each of the 2011 through 2015 editions of Institutional Investor Magazine’s Benchmark Litigation survey.

The key players in our team also include partners Alexander Kaplan, 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.

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 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

  • False Advertising
    • 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
    • Litigation
    • Trademark Clearance, Counseling and Prosecution
    • Transactional and Corporate Counseling
    • International Trademark Matters