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Hot Topics in Advertising Law 2011

Author(s): Randi W. Singer, David H. Bernstein
Practice Area: Communications/Telecommunications Law, Intellectual Property
Published: Mar 2011
ISBN: 9781402415586
PLI Item #: 28493
CHB Spine #: G1041

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.

Randi Singer is a litigation partner in Weil's New York office, a member of the Firm's Intellectual Property & Media practice and Co-Head of its Cybersecurity, Data Privacy & Information Management group. She focuses primarily on copyright, Lanham Act false advertising and trademark litigation, as well as privacy and cybersecurity, in addition to complex commercial litigation and bankruptcy proceedings.

Ms. Singer has been repeatedly recognized as a leading intellectual property and media & entertainment lawyer by legal industry publications, including The Legal 500 US, Chambers USA, World Trademark Review, Benchmark Litigation, Expert Guides, Managing IP Magazine's IP Stars, Super Lawyers, and Law360. She has successfully represented and counseled clients on a wide variety of copyright and trademark matters encompassing classic ownership and fair use issues for comic books, academic works, music and photographs. A recognized expert on secondary liability infringement issues, major internet platform clients regularly call on Ms. Singer for help navigating an array of unprecedented concerns and solving a wide variety of disputes. Her advertising, trademark, and state unfair trade practices cases have spanned a broad spectrum of consumer products and services, from over-the-counter drugs, razors, toothpaste, paint, food and cosmetics, to financial services, cell phone cases, luxury goods and consumer electronics.

Ms. Singer has earned the Certified Information Privacy Professional (ClPP/US) and Certified Information Privacy Technologist (CIPT) credentials and regularly advises clients in connection with privacy, cybersecurity, and social media issues in a wide variety of matters, including more than one hundred transactions ranging from high-profile deals such as Facebook's acquisition of Whatsapp, Inc. to large public company mergers and small talent acquisitions. In 2015, The National Law Journal recognized Ms. Singer as one of its inaugural "Trailblazers" nationwide for her cutting-edge work in the cybersecurity and data privacy area.

In addition to her active practice, Ms. Singer has taught a course on Trademarks and Unfair Competition Law as an adjunct professor at St. John's University School of Law and is a popular speaker whose speaking engagements include panels and discussions concerning copyright, advertising, and other intellectual property issues for organizations such as the International Trademark Association  (INTA), the Copyright Society, the National Advertising  Division, the Practising Law Institute, the American Conference  Institute, and the New York State Bar Association Section on Intellectual Property. Other professional affiliations include the International Association of Privacy Professionals (IAPP), the New York State Bar Association, the Private Advertising Litigation subcommittee of the ABA, and she has served on the Trademarks and Consumer Affairs Committees of the Association of the Bar of the City of New York.

Ms. Singer is a member of the global steering committee for Women@Weil, Weil's women's affinity group, the winner of Weil's first-ever mentoring award, and an inductee into the YWCA's Academy of Women Leaders. In addition to  her work as the General Counsel for the Lang Lang International Music Foundation, her pro bono work includes litigation successes for the Hebrew Immigrant Aid Society and Sanctuary for Families, trademark and IP counseling for organizations such as The Joyful Heart Foundation and the Breast Cancer Research Foundation, as well as extensive legal support and counseling concerning ambush marketing for NYC2012, New York City's bid for the 2012 Olympics.

Ms. Singer graduated magna cum laude from Harvard University. After receiving her J.D. from Columbia Law School, where she was a Harlan Fiske Stone Scholar, Ms. Singer clerked for the Honorable Richard Owen, U.S. District Judge for the Southern District of New York.