Brendan O'Rourke

Brendan O'Rourke

Proskauer Rose LLP

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Third Circuit Rejects Presumption of Irreparable Harm for Injunctive Relief under Lanham Act

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that...more

8/29/2014 - Appeals Copyright Corporate Counsel eBay Injunctive Relief Irreparable Harm Lanham Act Patents Pharmaceutical Pharmaceutical Manufacturers Trade Secrets

UPDATE: U.S. Supreme Court Will Decide What Preclusive Effect, If Any, Should Be Given to Likelihood of Confusion Findings by the...

As we reported in our May 29 client alert, the Solicitor General submitted an amicus brief recommending that the Supreme Court grant a petition for certiorari seeking a determination of whether likelihood of confusion...more

7/3/2014 - Certiorari Claim Preclusion Likelihood of Confusion SCOTUS Trademark Litigation Trademark Trial and Appeal Board Trademarks

Solicitor General Supports Cert in Case on Preclusive Effect of TTAB Likelihood of Confusion Findings

As we reported in our February 28 Client Alert, a petition for certiorari has been filed asking the Supreme Court to decide whether likelihood of confusion determinations by the Trademark Trial and Appeal Board ("TTAB") are...more

5/30/2014 - Trademark Litigation Trademark Trial and Appeal Board Trademarks

Supreme Court Resolves Circuit Split on Standing in Lanham Act False Advertising Cases

Today, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act. In a unanimous decision authored by Justice Scalia, the Court held that to...more

3/26/2014 - False Advertising Lanham Act SCOTUS

Petition for Certiorari Filed Regarding Preclusive Effect of Likelihood of Confusion Findings by the Trademark Trial and Appeal...

In advising clients and making strategic decisions about whether to bring or defend inter partes proceedings before the Trademark Trial and Appeal Board ("TTAB"), trademark practitioners need to consider carefully whether...more

3/3/2014 - Certiorari Claim Preclusion Likelihood of Confusion Patent Trial and Appeal Board SCOTUS Trademark Trial and Appeal Board

Supreme Court Agrees to Hear Case on Standing in Lanham Act False Advertising Cases

On June 3, the U.S. Supreme Court granted the certiorari petition of Lexmark International Inc. ("Lexmark"). Lexmark sought cert to resolve a three-way split among the federal circuit courts regarding how to determine whether...more

6/13/2013 - Certiorari False Advertising Lanham Act Lexmark SCOTUS Split of Authority Standing

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing...more

3/18/2013 - Competition False Advertising Lanham Act SCOTUS Split of Authority Standing

Beware Deceptive Trademark Solicitations from Organizations Not Affiliated with the US Patent and Trademark Office

Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,...more

1/11/2013 - Patents Scams Trademarks USPTO

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