Lawrence I. Weinstein

Advertising

Lawrence I. Weinstein, Brendan J. O’Rourke, Jennifer Yang | Proskauer

On March 25, 2014, 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 have standing, a plaintiff simply must plead "an...

Lawrence I. Weinstein | Proskauer

Editor: As co-head of Proskauer’s False Advertising & Trademark Group, you have had a distinguished career as a trial lawyer and counselor. Please explain the purpose and coverage of the Lanham Act. Weinstein: The Lanham Act actually has two different components. Most people know it...

Intellectual Property

Brendan J. O’Rourke, Lawrence I. Weinstein, Erika M. Stallings | Proskauer

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 to sue under the Lanham Act’s false advertising prong. On...

Lawrence I. Weinstein | Proskauer

Editor: Please tell us about your professional background. Weinstein: After graduating from NYU School of Law in 1978, I clerked for a year for Judge James Hunter III of the U.S. Court of Appeals for the Third Circuit. I went from there to private practice, eventually becoming a partner at a...

Lawrence I. Weinstein, Brendan J. O’Rourke | Proskauer

Editor: Please tell our readers about your practice. O'Rourke: Our clients generally are big consumer products companies that are concerned about either trademark issues or false advertising issues as well as copyright and related issues. Larry and I also service our firm's...