Robert J. Bernstein has practiced copyright and trademark litigation and has counseled since 1980, first as a partner for 22 years in the New York City (NYC) intellectual property (IP) firm of Cowan Liebowitz & Latman (CL&L), and continuing that practice in my solo practice since 2004, including all aspects of complex litigation (complaints, answers, counterclaims, cross-claims, third-party claims, preliminary injunctions, discovery, subpoenas, motion practice, trials, and appeals; and in advising corporate clients, associations and individuals on IP issues (except patents) in a wide range of industries. I often utilize mediation and endeavor to structure the most effective balance of litigation, negotiation and mediation to accomplish my clients’ goals in a cost-effective manner.
I have acted as counsel or co-counsel in many precedent-setting IP cases including a 2014 Second Circuit decision establishing the right of print-disabled students and scholars to have equal access to university library collections under the Fair Use provision of United States Copyright Act.
In counseling, production and transactional matters, I negotiate and draft licenses and other contracts; advise on protection, enforcement, risk evaluation, infringement, and fair use; assist in the registration of copyrights, trademarks, domain names (and related disputes).
My professional activities have included service as President of the Copyright Society of the U.S.A. (2000-02); membership on the Board of Directors of the American Intellectual Property Law Committee and Chair of its Copyright Committee; membership on the Copyright & Literary Property and the Entertainment Law Committees of the NYC Bar Association; co-authoring over 130 New York Law Journal Copyright Law Columns; and lecturing before professional associations, corporate law departments, law schools and the Practicing Law Institute.
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