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919 Third Avenue
New York, NY 10022
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T:
+1 212 909 6118
F:
+1 212 521 7118
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View Short Bio
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Areas of Practice
Experience
Bruce Keller is a litigation partner who supervises the firm’s Intellectual Property Litigation Group.
During his career, Mr. Keller has litigated a number of widely publicized intellectual property, First Amendment and other entertainment-related cases on behalf of Sony Pictures (involving the first Spider-Man motion picture and the First Amendment rights of studios to electronically alter background scenery); Amazon (involving its Kindle device); Howard Stern and CBS Radio (over the on-air handling of cremated remains); American Express (involving false advertising claims against Visa); the National Football League (involving the unauthorized online streaming of NFL game telecasts and numerous trademark matters); CompuServe (involving trademark and copyright issues for its proprietary online service); Time and The New York Times Company (involving their right to distribute electronic versions of their publications); and The Washington Post Company, USA Today and CNN (involving the copyrights to their websites). Mr. Keller also developed and implemented the intellectual property protection program used by The Statue of Liberty-Ellis Island Foundation, Inc., the organization that raised the money for the restoration of the Statue of Liberty and Ellis Island by licensing its logos and trademarks.
Among the reported cases Mr. Keller has litigated are Egilman v. Keller & Heckman, 401 F. Supp. 2d 105 (D.D.C. 2005); USA Football, Inc. v. Robinson, 74 U.S.P.Q. 2d 1646 (S.D. Tex. 2004); Sherwood 48 Associates v. Sony Pictures Entertainment, Inc., 213 F. Supp. 2d 376 (S.D.N.Y. 2002); Novartis Consumer Health, Inc. v. Johnson & Johnson & Merck Consumer Pharmaceuticals, Co., 129 F. Supp. 2d 351, aff’d, 290 F. 3d 578 (3d Cir. 2002); Pharmacia Corp. v. Alcon Laboratories, Inc., 201 F. Supp. 2d 335 (D.N.J. 2000); Checkpoint Systems v. Check Point Software, 269 F.3d 270 (3d Cir. 2001); NFL v. Coors, 1999 U.S. App. LEXIS 38272 (2d Cir. 1999); and Infinity Broadcasting v. Kirkwood, 150 F.3d 104 (2d Cir. 1998).
Mr. Keller, along with Jeffrey Cunard, is the author of Copyright Law: A Practitioner’s Guide published by Practising Law Institute. In addition to maintaining a full-time litigation practice, Mr. Keller, along with Mr. Cunard, has taught at The Berkman Center for Internet and Society at Harvard Law School. In May 2008, they received the Berkman Award, the Center’s highest honor, for their pro bono service as lawyers, educators and co-directors of the Center’s clinical program.
Mr. Keller’s other publications include: “The Game’s the Same: Why Gambling in Cyberspace Violates Federal Law,” 108 Yale Law Journal 1569 (1999); “Condemned to Repeat the Past: The Reemergence of Misappropriation and Other Common Law Theories of Intellectual Property Protection,” 11 Harvard Journal of Law and Technology 401 (1998); “It Keeps Going and Going and Going: The Expansion of False Advertising Litigation Under the Lanham Act,” 59 Law and Contemporary Problems 131 (Spring 1996); “Maximizing Trademark Protection and Trademark Value,” Directors & Boards Magazine (Summer 1993); and “A Survey of Survey Evidence,” Litigation (Fall 1992).
He also was an Advisor to the American Law Institute’s Restatement of the Law: Unfair Competition, and is a member of the Advisory Board of BNA’s Patent, Copyright and Trademark Journal, the Advertising Compliance Service and The Entertainment Law Reporter, among others. He has been Counsel to the International Trademark Association (“INTA”), including in connection with the INTA’s amicus brief in the landmark Taco Cabana trade dress case.
Chambers USA (2010) lists Mr. Keller as one of the nation’s leading lawyers in multiple categories: Sports Law, Intellectual Property: Trade Mark, Copyright & Trade Secrets, as well as Media & Entertainment: Entertainment Litigation. Clients laud him as “an outstanding lawyer with sharp litigation instincts… [who] offers sound advice supported by a deep understanding of the law and a keen appreciation for his clients’ business priorities.” They praise his “completely justified tremendous reputation… [that] resonates across the entire country.” Last year, Chambers USA (2009) noted he is “quick to understand business concerns, has all the right answers, and offers common sense solutions…[he is] head and shoulders above” others.
Benchmark Litigation (2010) quotes one client as saying, “if I had one lawyer I could call on something, I would call Bruce,” and The Legal 500 US (2010) calls him “an outstanding lawyer with sharp litigation instincts.” In prior years, clients have appreciated his “thoughtful and well-reasoned advice” Chambers USA (2009), calling him an “outstanding” intellectual property litigator, The Legal 500 US (2007); a “highly sought-after IP litigator, with a resume boasting a string of high-profile advertising, trade mark, copyright and unfair competition matters,” PLC Yearbook (2009); a “devastating adversary,” Chambers USA (2008); and “an exceptional litigator” who is at the “top of the field” and “better than anyone else” Chambers USA (2007). In short, Mr. Keller is consistently described as a “go-to guy for copyright and trademark issues, particularly involving new technologies.”
Mr. Keller joined Debevoise in 1982 and became a partner in 1988. He received a B.S. from Cornell University in 1976 and his J.D. from Boston University in 1979.
Language(s)
English
Bar Admissions
New York
Massachusetts
New Jersey
Education
Cornell University,
1976,
B.S.
Boston University School of Law,
1979,
J.D.
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