David Bernstein is a litigation partner and a member of the firm’s Intellectual Property and International Dispute Resolution Groups. He is one of ...
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Trademark and Trade Dress
- Yves Saint Laurent, in defeating a motion for a preliminary injunction by Christian Louboutin over YSL’s red-soled shoes, and subsequently obtaining dismissal of all claims by the Court of Appeals for the Second Circuit.
- Kate Spade, in winning a verdict at trial defeating Saturdays Surf’s trademark infringement challenge against the new mark, Kate Spade Saturday.
- American Express in winning summary judgment cancelling the trademark registration BlackCard.
- Goyard Saint Honore in preventing the sale by a prominent retailer of a woman's top that counterfeited the registered Goyardine pattern, and obtaining complete disgorgement of all profits.
- Kind in a trademark dispute relating to a brand of vitamin supplements called Kind Organics.
- Moroccanoil in trademark and trade dress litigation and cancellation proceedings against Avon related to the registrability of its Moroccanoil trademark and Avon's unauthorized use of the Moroccanoil trade dress and the word "Moroccan" on its competing "Moroccan Argon Oil" products.
- Pernod Ricard, in a trade dress litigation against White Rock over it's infringement of the white bottle trade dress used for Malibu flavored rums.
- Pernod Ricard, in obtaining dismissal of ownership claims filed by a Russian Federation entity related to the Stolichnaya trademark.
- Louis Vuitton, in litigations involving infringement and dilution of its S-Lock and Epi marks.
- Cubaexport and Pernod Ricard, in litigations relating to the famous Havana Club brand of rum.
- Glacéau, maker of VitaminWater, in prosecuting a temporary restraining order against PepsiCo over the trade dress of LifeWater.
- The International Trademark Association, in amicus briefs filed in the B&B Hardware, Chewy Vuiton, Charbucks, Herb Reed Enterprises, Levi Strauss v. Abercrombie & Fitch, Betty Boop and Already v. Nike appeals.
- Snack Factory, in cancellation and opposition proceedings in the Trademark Trial and Appeals Board and the Court of Appeals for the Federal Circuit over the “Pretzel Crisps” trademark.
- AlEn, in an ITC investigation and associated litigations over Pinol and Cloralex, which are well-known brands in Mexico, over Clorox’s claims of infringement of its Pine-Sol and Clorox trademarks.
- Body Armor Nutrition, which makes BodyArmor nutritional drinks, in defending against trademark and trade dress infringement claims by the sports apparel company Under Armour.
- Mike's Hard Lemonade, in obtaining a TRO against the trade dress for Seagram's Ricked Spiked Lemonade.
Internet and Domain Names
- Novartis and Bayer in obtaining preliminary injunctions against the illegal importation of foreign pet medicines into the United States.
- The International Trademark Association in amicus briefs filed in the Chloé v. Queen Bee, Tiffany v. Ebay, and Rosetta Stone v. Google appeals.
- Kibar and the Law Society (UK) in litigation to enforce UDRP decisions over their eponymous domain names.
- Bayer in false advertising challenges against Merial, Sergeant's, Summit, Elanco, and Farnam over advertising for their competative flea and tick control products for pets.
- Nestlé, in back-to-back victories in false advertising disputes against Ross Laboratories over advertising for Ross's Isomil Advance and Similac EarlyShield baby formulas.
- Alcon Laboratories in successful challenges in court and before the NAD against Bausch & Lomb advertising that falsely disparaged Alcon’s Opti-Free Express contact lens solution.
- The International Trademark Association in an amicus brief filed in the ferring pharmaceutical appeal.
Patents and Trade Secrets
- Absolut Spirits, in defending against claims for misappropriation of trade secrets and theft of an idea arising out of its sponsorship of a new television reality show.
- Tilia, maker of the FoodSaver brand of home vacuum-sealing machines, in patent arbitration and ITC proceedings against Applica over its knock-off versions of the FoodSaver machines, sold under the Black & Decker brand.
- Galderma, in successfully defending against multi-jurisdictional patent infringement claims involving its cancer drug Metvix.
- Yale Law School, 1989, J.D.
- London School of Economics and Political Science, 1986, M.S.
- Princeton University, 1985, A.B.