Paul Tanck

• Representing a beverage company in a high-profile trademark dispute against PepsiCo concerning PepsiCo’s “Mtn Dew Rise Energy” drink. Secured a preliminary injunction and successfully obtained U.S. Supreme Court review of important trademark law issues that could shape how courts evaluate likelihood of confusion and the respective roles of judges and juries in assessing a trademark's inherent strength.
• Representing a major pharmaceutical/beverage company in curtailing the illegal counterfeiting and gray market importation of its oral rehydration beverage. Obtained a temporary restraining order against numerous defendants in the U.S. District Court for the Southern District of Texas and are currently pursuing a general exclusion order at the U.S. International Trade Commission.
• Represented a major pharmaceutical/beverage company in asserting false advertising and trade dress infringement claims against PepsiCo.’s newest Gatorade beverage known as “GATORLYTE.” Swift action resulted in obtaining two nationwide restraining orders (TROs) which ordered a halt to PepsiCo.’s U.S. launch of its GATORLYTE beverage.
• Represented a Fortune 500 company in asserting trademark infringement and false advertising claims relating to gray market importation of the company’s industrial control products.
• Defended a Fortune 50 company against patent infringement claims relating to video surveillance systems.
• Represented a Fortune 500 company in asserting more than a dozen patents relating to industrial control software against a competitor in the U.S. International Trade Commission and district court.
• Defended a software company for the alleged misappropriation of trade secrets relating to rock-crushing technology.
• Asserted theft of trade secrets and misappropriation claims for a nationally recognized telecommunications company involving advertising software.
• Asserted patent infringement of numerous patents that related to a Fortune 500 company’s advanced linear motor technology.
• Obtained a temporary restraining order and preliminary injunction on behalf of a Fortune 500 company, preventing a foreign company from selling in the U.S. a product that infringed on the client’s patents.
• Won a strategic $10.1 million patent infringement jury verdict related to industrial automation and information technology.
• Negotiated and settled a lawsuit for a financial software developer related to a copyright and trade dress infringement lawsuit involving the look and feel of graphical user interfaces.
• Asserted breach of contract and misappropriation of trade secrets claims relating to power over Ethernet and semiconductor technology.

Paul Tanck focuses his practice on litigating, licensing, and developing complex intellectual property portfolios across a wide range of industries, including industrial control systems, computer software, integrated circuits, automotive, debit and credit card technologies, financial instruments, medical devices, cryptocurrency, and beverages. Paul’s practice comprises litigating patents, copyrights, and trade secrets at trial and on appeal before the Federal Circuit.

Paul also maintains a prominent trademark and brand enforcement practice, routinely representing clients in high-stakes brand name disputes. He is currently lead counsel before the United States Supreme Court addressing a pivotal trademark question: whether the inherent strength of a mark is a question of fact for a jury or law for the Court. His brand protection work also includes a specialized focus on combating gray market and counterfeit goods, where his multifaceted enforcement strategies halt the illegal distribution of authentic goods to protect manufacturer reputations and sales.

Bar Admissions

• New York

Education

• Fordham University (J.D.)
• Massachusetts Institute of Technology (B.S.)