FacultyFaculty/Author Profile

David H. Bernstein

Debevoise & Plimpton

New York, NY, USA


David Bernstein is a litigation partner and a member of the firm's Intellectual Property and International Dispute Resolution Groups.  He is one of the nation's leading intellectual property litigators, and has handled high-profile matters including trademark and trade dress infringement and dilution, false advertising, Internet and domain name law, anti-counterfeiting, copyright infringement, right of publicity, misappropriation, trade secret and patent infringement.  Mr. Bernstein is recognized as an intellectual property "Star" in the IFLR Benchmark Litigation Guide (2011). He is ranked in the top tier by Chambers USA (2010), where clients note he is "the doyen of trademark and false advertising law"; by Legal 500 US (2010), where he is seen as "a brilliant litigator," and "the dean of the IP litigation bar;" and by the World Trademark Review 1000 (2011), where sources note that he is a "leading light" who is "respected by all in the industry."  In 2011, Managing Intellectual Property magazine selected Mr. Bernstein as the Outstanding IP Litigator of the Year, the International Trademark Association awarded Mr. Bernstein the President's Award, and the International Who's Who of Trademark Lawyers selected Mr. Bernstein as one of the top ten trademark lawyers in the world.

Mr. Bernstein is a frequent participant 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 ("CPR"), the Hong Kong International Arbitration Centre, and the National Arbitration Forum. 

Mr. Bernstein also serves on the Executive Advisory Committee of CPR.

Mr. Bernstein is an adjunct professor at George Washington University Law School and New York University Law School where he teaches Advanced Trademark Law.  He lectures regularly on intellectual property law and has authored or co-authored numerous treatises, chapters and articles on these issues, including The Law of Advertising, Marketing and Promotion (2011); "eBay & the Presumption of Irreparable Harm in Lanham Act False Advertising Cases," Computer & Internet Lawyer (2011); "Trademark and Unfair Competition Issues," Internet and Online Law (updated as of 2010); "Advertising Review, Clearance and Challenges," Successful Partnering Between Inside and Outside Counsel (updated as of 2011); "No Trolls Bared: Trademark Injunctions After eBay," 99 Trademark Reporter 1037 (2009); "Federal Circuit Misapplies Repair Doctrine to Method Patents," IP Law 360 (2006); and "Ethics and Privilege and United States Trademark Practice," 93 Trademark Reporter 1240 (2003). In 2007, Mr. Bernstein won a Barton Award for legal writing. He also was awarded the INTA Volunteer Service Award for his work on the Trademark Dilution Revision Act.

Mr. Bernstein is Past Counsel to INTA. He co-chaired the INTA 2005 Annual Meeting, has served on the INTA Board of Directors, and currently is Vice Chair of INTA's International Amicus Committee. 

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. Prior to joining Debevoise, Mr. Bernstein served as a Law Clerk to the Honorable Robert E. Keeton, US District Court for the District of Massachusetts, from 1989-1990.

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