David H. Bernstein

Partner, Debevoise and Plimpton (US)

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 “rockstar” and “is roundly considered to be one of the finest trademark litigators in the nation.” Clients note he is “an exceptional, dynamic lawyer and a tenacious litigator” who is “just incredible in terms of strategic planning,” and “a great thinking, 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. 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 “rockstar” and “is roundly considered to be one of the finest trademark litigators in the nation.” Clients note he is “an exceptional, dynamic lawyer and a tenacious litigator” who is “just incredible in terms of strategic planning,” and “a great thinking, 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.

D2: Innovative Brand Protection Strategies Improve the Bottom Line

Regatta B/C

Non-traditional trademarks are gaining increasing importance for more comprehensive protection of companies’ modern brand and corporate identity, the most important being 3D-marks (especially product shapes, but potentially also storefronts, shop designs etc.) and colour marks. While an ever-growing number of countries has expanded the scope of permissible trademark forms to be registered, there are still considerable practical challenges both […]

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