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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- 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.
- Bayer in false advertising challenges against Merial, Sergeant’s, Summit, Elanco, and Farnam over advertising for their competitive flea and tick control products for pets.
- Pernod Ricard, in obtaining dismissal of ownership claims filed by a Russian Federation entity related to the Stolichnaya trademark.
- 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.
- Louis Vuitton, in litigations involving infringement and dilution of its S-Lock and Epi marks.
- 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.
- Novartis and Bayer in obtaining a preliminary injunction against the illegal importation of foreign pet medicines into the United States.
- Cubaexport and Pernod Ricard, in litigations relating to the famous Havana Club brand of rum.
- 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.
- Glacéau, maker of VitaminWater, in prosecuting a temporary restraining order against PepsiCo over the trade dress of LifeWater.
- 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.
- The International Trademark Association, in amicus briefs filed in the Chewy Vuiton, Charbucks, Chloé v. Queen Bee, Levi Strauss v. Abercrombie & Fitch, Tiffany v. eBay, Rosetta Stone v. Google, Betty Boop and Already v. Nike appeals.
- Snack Factory, in cancellation and opposition proceedings in the Trademark Trial and Appeals Board over the “Pretzel Crisps” trademark.
- AlEn, in a pair of 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 infringement claims by the sports apparel company Under Armour.
- Yale Law School, 1989, J.D.
- London School of Economics and Political Science, 1986, M.S.
- Princeton University, 1985, A.B.