David Bernstein chairs Debevoise’s Intellectual Property Litigation Group. He is widely recognized as one of the nation’s leading intellectual property litigators. Mr. Bernstein is acknowledged as an intellectual property “Star” in the IFLR Benchmark Litigation Guide and as an Intellectual Property “Trailblazer” and “Pioneer” by the National Law Journal. He is ranked in the top tier by Chambers Global and Chambers USA, which notes that he is “a luminary in the field and provides high-level strategic thought.”The guide has also stated that he “is roundly considered to be one of the finest trademark litigators in the nation.” Mr. Bernstein is highly regarded for his “encyclopedic knowledge of trademark law as well as the understanding of strategy needed to win big cases.” Clients note he is “excellent on his feet,” “an exceptional, dynamic lawyer and a tenacious litigator” who is “just incredible in terms of strategic planning,” and “a great thinker, strategist, business adviser, and, when necessary, the best litigator out there, bar none.” Mr. Bernstein is also recognized by The Legal 500 US, where he is seen as “a brilliant litigator,” and “the dean” of the IP litigation bar. He is ranked in the top tier in the World Trademark Review 1000, where sources note that he is the “one you turn to when you have a fight you cannot lose” and has “a larger-than-life reputation in this profession and he’s the real deal. He is undoubtedly one of if not the best trademark lawyer in the country.” The praise he receives from his peers is equally emphatic: “Going up against him is quite an eye-opening experience. He exudes authority and really does live up to his reputation as an all-star litigator.” Managing Intellectual Property magazine has selected Mr. Bernstein as the Outstanding IP Litigator of the Year, The International Trademark Association has awarded Mr. Bernstein the President’s Award, and the International Who’s Who of Trademark Lawyers has selected Mr. Bernstein as one of the top ten trademark lawyers in the world.
Mr. Bernstein is active in alternative dispute resolution. He has served as a neutral in ADR proceedings administered by the London Court of International Arbitration, the World Intellectual Property Organization, the International Institute for Conflict Prevention and Resolution, the International Centre for Dispute Resolution, the Hong Kong International Arbitration Centre, the National Arbitration Forum, and the Czech Arbitration Court.
Mr. Bernstein is an adjunct professor at New York University School of Law and George Washington University Law School, where he teaches Advanced Trademark Law. He has authored or co-authored numerous articles and chapters on intellectual property, as well as the leading treatise on advertising law, The Law of Advertising, Marketing and Promotion.
Mr. Bernstein is Past Counsel to INTA, has served on the Board of Directors, co-chaired the Annual Meeting, and chaired the International Amicus and Emerging Issues Committees.
Mr. Bernstein joined Debevoise in 1990. He received an A.B. magna cum laude from Princeton University’s Woodrow Wilson School of Public and International Affairs in 1985, an M.Sc. from the London School of Economics and Political Science in 1986, and his J.D. from Yale Law School in 1989. Mr. Bernstein served as law clerk to the Hon. Robert E. Keeton, in the United States District Court for the District of Massachusetts, from 1989-1990.
Editor, Self-Regulation of Advertising in the United States: An Assessment of the National Advertising Division, prepared by the Advertising Disputes & Litigation Committee and The Consumer Protection Committee, American Bar Association Section on Antitrust Law (Apr. 2015).
Fashion Litigation, in Fashion Law (2014 Fairchild Books).
The Law of Advertising, Marketing and Promotions Law Journal Press (2011, updated through 2013), with Bruce P. Keller.
Advertising, Successful Partnering Between Inside and Outside Counsel (Association of Corporate Counsel and West Group, 2000, updated through 2012), with Louise Parent, Ronald A. Gray and Po Yi.
Why the Reasonable Anticipation Standard is the Reasonable Way to Assess Contributory Trademark Liability in the Online Marketplace, 2011 Stanford Technology Law Review 9 (2011), with Michael Potenza.
eBay & the Presumption of Irreparable Harm in Lanham Act False Advertising Cases, Computer & Internet Lawyer, Vol. 27, No. 11 (2010), with John Cerreta.
eBay & the Presumption of Irreparable Harm in Lanham Act False Advertising Cases, The ADviser (a publication of the Private Advertising Litigation Committee of the American Bar Association's Antitrust Section) (Aug. 2010), with John Cerreta.
Trademark and Unfair Competition Issues, Internet and Online Law (Law Journal Seminars-Press, 1996, updated through 2010), with Jeffrey P. Cunard and Bruce P. Keller
No Trolls Barred: Trademark Injunctions After eBay, 99 The Trademark Reporter 1037, Sept./Oct. 2009.
Checklist of Trademark-Related Causes of Action and Defenses, Intellectual Property Counseling and Litigation (Matthew Bender, updated as of 2008), with Bruce P. Keller and Lorin L. Reisner, earlier version reprinted in 569 PLI/Pat 607.
Federal Circuit Misapplies Repair Doctrine to Method Patents, IP Law 360 (September 5, 2006), with Carl Riehl.
A Stronger Solution, Legal Times IP (July 24, 2006).
Das Wettbewerbsrecht in den U.S.A., Heidelberger Kommentar zum Wettbererbsrecht [Unfair Competition Law in the U.S.A., The Heidelberg Commentary on Unfair Competition Law], (C.F. Müller Verlag, 2005 Second Edition; 2000 First Edition).
Ethics and Privilege in United States Trademark Practice, 93 The Trademark Reporter 1240, Nov./Dec. 2003.
Strategies for Success Before the NAD, 9 The IP Litigator 21, Sept/Oct 2003.
Educating the Trademark Community, 93 The Trademark Reporter 84, Jan/Feb 2003.
The Alphabet Soup of Domain Name Dispute Resolution, Computer Law Reporter and Internet Law & Business (2002)
How to “Litigate” False Advertising Cases Before the NAD, 720 PLI/Pat 255 (Oct. 2002).
Do You Need a CPO?, Directors & Boards (Summer 2001).
Domain Name Dispute Resolution: Online and On Target, World eBusiness Law Report (May 23, 2001).
Domain Name Disputes Under the UDRP: The Panelist’s Perspective, 654 PLI/Pat 125 (May 2001).
Privacy: The Achilles Heal of E-Commerce, Sports Trend, November 2000, with
Trademarks: The Guideposts of E-Commerce, Sports Trend, October 2000, with
Michael R. Potenza.
Litigating by E-Mail with ‘UDRP’: Lessons From New Dispute Resolution Procedure for Domain Name Disputes, New York Law Journal, August 21, 2000, with Sheri Rabiner-Gordon.
8 E-Commerce Edicts, Piecing it Together, Your Guide to Intelligent e-Business, (Supplement to Sports Trend), August 2000, with Sheri L. Rabiner
Copyright and the Internet: Not Anything Goes, Sports Trend, August 2000, with Michael R. Potenza.
The Domain Name Gold Rush, Sports Trend, July 2000, with Sheri L. Rabiner.
Rights (And Wrongs) of Publicity, Sports Trend, June 2000, with Michael R. Potenza.
Current Developments in False Advertising Law, 579 PLI/Pat 433 (November 1999).
Current Developments in False Advertising and Right of Publicity Law, 795 PLI/Comm 133 (November 1999).
Dilution Rights vs. The First Amendment: Resolving the Tension, The Intellectual Property Strategist, March 1999, with Sheri L. Rabiner.
The Right of Publicity: Towards a Federal Statute?, 532 PLI/Pat 413 (October 1998).
When the First Amendment Protects Trademark Parodies, The Intellectual Property Strategist, August 1998, with Thomas H. Prochnow.
As Satiric as They Wanna Be: Parody Lawsuits Under Copyright, Trademark, Dilution and Publicity Laws, 85 The Trademark Reporter 239, May/June 1995, with Bruce P. Keller, reprinted in 454 PLI/Pat 539.
International Enforcement of U.S. Trademark Laws, International Commercial Litigation, June 1995, with Bruce P. Keller.
How to Cure Yourself of the Gray Market Blues, The Intellectual Property Strategist, May 1995, with Bruce P. Keller.
The Great Wall of China: Is it Still Standing in Wake of New Trade Agreement?, New York Law Journal, May 15, 1995, with Diane Glass.
Trademark Parodies: No Laughing Matter, Legal Times, September 13, 1993.
Maximizing Trademark Protection and Value, Directors & Boards, Summer, 1993, with Bruce P. Keller.
Don't Add An Insult To Injury: Product Disparagement Included in Lanham Act, New York Law Journal, April 12, 1993, with Bruce P. Keller.
Photocopying Risk is Greater Due to Court's Decision, Corporate Legal Times, February 1993, with Bruce P. Keller.
Public Policy, Legal Standards and Factual Issues: Why the Courts Should Abandon Punitive Damages, Asbestos Litigation, Defense Research Institute (1992), with Anne E. Cohen.
Punitive Damages in Mass Products Liability, 1 Prod. Liab. L.J. 327 (1990).