Brendan J. O'Rourke

Partner at Proskauer Rose LLP

Brendan J. O'Rourke

Brendan J. O'Rourke

Partner at Proskauer Rose LLP

Biography

Brendan O'Rourke is the immediate past co-chair of the firm’s Litigation Department and co-head of the False Advertising & Trademark Group. From the inception of his career, Brendan 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 trial lawyer, having successfully tried numerous trademark, trade dress, unfair competition, false advertising, copyright and entertainment 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.

His experience 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 U.S. Trademark Trial and Appeal Board and the Federal Circuit.

Brendan is also a very experienced commercial litigator and has represented a diverse array of well-known clients in state and federal courts throughout the United States.

Brendan 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 has chaired INTA's advanced forum on the Trademark Law and Revisions Act, INTA's third annual "Trademarks in Cyberspace" forum, INTA's Annual Leadership Meeting, as well as INTA's Annual Basics Forum. He also has served on many INTA project teams, including the joint forum between INTA and NAD on false advertising, where he led a discussion and panel on claim substantiation. Brendan is also a frequent lecturer for the AIPLA and NYIPLA.

In addition to his vast experience trying cases, Brendan 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. Brendan's experience includes Internet and domain name disputes, including successful ICANN proceedings for Madonna, Estee Lauder, 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 Colgate-Palmolive, Bristol-Myers Squibb, SC Johnson, Mead Johnson, and Bausch & Lomb.

Brendan has tried and been involved in a variety of cases and reported decisions of interest in his field, including Stark v. Diageo Chateau & Estate Wines; Taymor v. 8 Legged Production; Jackson Family Wines v. Diageo Chateau & Estate Wines; Buday v. The New York Yankees; Major League Baseball v. Upper Deck; Anheuser-Busch v. Major League Baseball; GlaxoSmithKline v. Colgate-Palmolive; Mendenhall v. Hanesbrands; The London Group v. SiTV; Lester v. U2; Brando Estate v. Madonna; Perot Government Systems v. 21CSI; 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.

Recognized in Chambers USA and US Legal 500, Brendan is praised for "serving his clients aggressively and effectively” and is recommended for his “sound, practical advice.” Brendan was inducted into the inaugural class of The Legal 500 Hall of Fame in 2017.

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Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Co-Chair, ERISA Litigation Practice Group at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Associate at Proskauer Rose LLP

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Associate at Proskauer Rose LLP

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Brendan J. O'Rourke
Partner at Proskauer Rose LLP
Education
JD
Class of 1984

Fordham University School of Law (commonly known as Fordham Law or Fordham Law School) is a part of Fordham University in the United States. The School is located in the Borough of Manhattan in New York City, and is one of eight ABA-approved law schools in that city.

BA, cum laude
Class of 1981

Boston College is one of the nation's best and most selective universities, with U.S. News & World Report ranking Boston College 31st among national universities, and Forbes ranking it 26th in its 2012 America's Best Colleges listing. Boston College confers more than 4,000 degrees annually in more than 50 fields of study through eight schools and colleges. Faculty members are committed to both teaching and research having earned nearly $60 million in research grants in the last year alone. The University has made a major commitment to academic excellence. As part of its Strategic Plan, Boston College is in the process of adding 100 new faculty positions, expanding faculty and graduate research, increasing student financial aid to more than $128 million annually, and widening opportunities in key undergraduate programs, such as international study, internships and student formation. Boston College has experienced tremendous growth in recent years, including a 75 percent increase in undergraduate applications over the past decade, to more than 34,000 for the 2,250 seats in its freshman class. During the same period, an increase in voluntary giving from alumni has helped to move the University's endowment to approximately $1.9 billion. Boston College students have also earned more than 200 prestigious academic scholarships over the past decade, including 2 Rhodes Scholarships, 4 Marshalls, 9 Goldwaters and 162 Fulbright grants.

Career History
Partner
Current

Proskauer Rose LLP is a law firm in New York, NY. It offers corporate finance, mergers and acquisitions, private equity, real estate transactions, bankruptcy and reorganizations, taxation, litigation, trusts and estates, intellectual property, and labor and employment law services. It serves the chemicals, entertainment, financial services, health care, hospitality, information technology, insurance, internet, manufacturing, media and communications, pharmaceuticals, real estate investment, sports, and transportation industries. The company was founded in 1875.

Political Donations
$500
2005

Partner at Capitol Counsel LLC

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Accor SA purchases Fairmont Raffles Hotels International, Inc. from Colony Capital LLC, Qatar Holding LLC, Kingdom Holding (Private Equity)

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Brendan J. O'Rourke is affiliated with Proskauer Rose LLP

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