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Jennifer Yang is an associate in the Litigation Department. She is a commercial litigator with a particular emphasis on false advertising and other intellectual property disputes. She has experience representing clients in a variety of industries, including medical device companies, consumer products companies, fashion retailers and art foundations.

Representative matters include:

  • Church & Dwight Co., Inc. v. SPD Swiss Precision Diagnostics, GmbH (S.D.N.Y. 2014). Counsel to plaintiff Church & Dwight in a Lanham Act false advertising action against competitor SPD Swiss Precision Diagnostics GmbH involving FDA-regulated home pregnancy tests. In a July 1, 2015 decision following a two-week trial on the liability and injunction phase of this bifurcated case, the Court found the defendant liable for false advertising, ruled that the false advertising was intentional and egregious, and granted our client’s request for a permanent injunction, a nationwide package recall and corrective advertising. The decision is presently on appeal to the U.S. Court of Appeals for the Second Circuit, and if affirmed will then proceed to the damages phase.
  • Bilinski, et al. v. The Keith Haring Foundation, Inc. et al. (S.D.N.Y. 2014). Counsel to defendants the Keith Haring Foundation and related entities in a dispute alleging defamation, antitrust violations, Lanham Act false advertising and various other torts in connection with the Foundation’s determination that works of art owned by the plaintiffs were not authentic works by the hand of Keith Haring.  On March 6, 2015, the District Court granted our motion to dismiss all nine causes of action asserted in plaintiffs’ second amended complaint. On December 2, 2015, the U.S. Court of Appeals for the Second Circuit also ruled in favor of our clients, affirming the District Court’s dismissal of the case.

  • Morrow v. PVH, et al. (S.D. Cal. 2016), Ramos v. PVH (E.D. Cal. 2016) and Dennis v. Ralph Lauren (S.D. Cal. 2016). Counsel to the owners of the Calvin Klein, Tommy Hilfiger, Van Heusen and Ralph Lauren brands in defense of putative class actions alleging false discount pricing at California outlet stores. Pending. 

  • Gambro Renal Products, Inc. v. NxStage Medical, Inc. (D. Mass. 2012). Counsel to defendant NxStage in defense of a Lanham Act false advertising litigation involving marketing of Continuous Renal Replacement Therapy devices used in hospital intensive care units for the treatment of patients suffering from end-stage kidney failure.

  • The Jones Group Inc. et al. v. Roberto Zamarra et al. (N.Y. Sup. Ct. 2013). Counsel to plaintiffs The Jones Group and Nine West in a case concerning employee non-solicit and confidentiality agreements, and misappropriation of confidential information and trade secrets. Case settled in 2014.

  • Radiancy, Inc. v. Viatek Consumer Products Group, Inc. (S.D.N.Y. 2013). Representation of plaintiff patent holder in patent infringement, trademark infringement and false advertising litigation concerning defendant’s at-home hot wire hair-removal devices (pending).

  • Energizer Brands, LLC v. Spectrum Holdings, Inc. (E.D. Mo. 2016). Counsel to plaintiff Energizer in trademark and trade dress infringement litigation concerning Energizer's product packaging. Case settled in 2017.

While at Columbia University School of Law, Jennifer served as an editor of the Jailhouse Lawyers’ Manual, and was on the staff of the Journal of Law & the Arts and the Journal of Gender and Law. She also was involved with the Sanctuary for Families Courtroom Advocates Project, working with victims of domestic violence to obtain temporary orders of protection. She continues to work with domestic violence victims through Proskauer’s pro bono partnership with Her Justice. Jennifer is an author and editor of Proskauer’s advertising law blog, Proskauer on Advertising.