First tier in the copyright and trade mark contentious rankings, Debevoise & Plimpton's IP team is anchored by star litigators Bruce Keller and David Bernstein. Former counsels to INTA, the partners individually and jointly have helped shape legal commentary on matters involving the Taco Cabana trade dress case, Tiffany v eBay and the Trademark Dilution Revision Act. Not known for handling a high volume of IP matters, the firm typically counsels marquee brands in often precedent-setting disputes. "It has taken on some of the most complex cases, and been just fantastic," said a client. "It tries out novel theories as well as mastering the usual ones."
Adept at copyright and trade mark matters, Keller, said a client, "is very good at coming up with creative solutions and approaches that go outside strict legal analysis and take into account business reality". Bernstein, noted for his trade mark expertise, "has many great strengths, including excellent judgment and perspective", said one peer. "He's masterful in his knowledge of the case law," said another. Clients praised Washington, DC managing partner Jeffrey Cunard as an "IP powerhouse, particularly in the area of technology and cyberlaw".
The firm is representing Sony and A&E in a copyright infringement suit involving a photographer challenging the unauthorised use of his photograph in a made-for-television movie. Delving into issues of first impression, the matters dispute whether such usage of a photograph, which previously appeared in an FBI-wanted poster, falls under fair use. In the Southern District of New York, Debevoise also obtained an injunction on behalf of Pernod Ricard USA against a competitor's use of a white bottle.