In the News

Haynes and Boone Attorneys Recognized by Texas Super Lawyers as Rising Stars

Thirty-four Haynes and Boone, LLP attorneys have been recognized by Texas Super Lawyers in its 2012 Rising Stars Edition, which recognizes top up-and-coming attorneys in the state. >>

World Trademark Review Touts National Strength of Haynes and Boone Trademark Practice

The Haynes and Boone, LLP Trademark Practice Group has again been ranked as the top full-service firm trademark practice in Texas, and now as one of the leading groups of trademark lawyers in the nation, in the second edition of the World Trademark Review (WTR) 1000  – The World’s Leading Trademark Professionals.  >>

David Bell in BusinessNewsDaily: Defending Intellectual Property - Be Careful

Someone using your copyrighted or trademarked intellectual property without your consent? Better be careful how you handle it. >>

Social Media Practice Launched by Haynes and Boone

DALLAS – Haynes and Boone, LLP has launched a Social Media Practice, a cross-sectional group comprised of more than 40 attorneys, led by Partner David Bell. The group covers a broad reach of industries and legal issues impacting companies today as a result of social media use.

Having worked with clients in the area of social media for more than two years, the practice was formed to more strategically serve a growing client base and to highlight the firm’s deep experience with IP, venture capital, corporate, labor and employment, litigation, antitrust, franchise and other legal needs in the social media arena. >>

Haynes and Boone Intellectual Property Practice Recognized in Chambers USA National Rankings

DALLAS – The Haynes and Boone, LLP Intellectual Property Practice broke into the national rankings in the recently published Chambers USA: America’s Leading Lawyers for Business 2011 annual law firm rankings.

The group was acknowledged for “its increasing presence in all aspects of IP” and for “receiving an abundance of praise for its patent work in an array of technologies, including medical devices, semiconductors, nanotechnology, oil well technology, wireless technology, software and telecom networking equipment.” Partner David McCombs was singled out for being highly regarded at the firm. >>

Haynes and Boone Elects 2011 Class of New Partners

DALLAS – Haynes and Boone, LLP has elevated four associates and two of counsel to partnership. The newly elected partners are David Bell, Karen Denney, Jeff S. Dinerstein, Trevor HoffmannYasser Madriz and Ryan McConnell. >>



Recent Publications

Social Media Marketing Magazine Guest Article: Tips for Addressing Brand Misuse While Mitigating PR Backlash

Perhaps you’ve heard about Chick-fil-A’s recent “oops” moment. The company fired off a cease and desist letter to a Vermont artist over his use of and trademark application for EAT MORE KALE. >>

PR News "PR Insiders" Column: Watch Your Language - When Cease-and-Desist Letters Go Viral

When Apple’s legal department sent a letter demanding mobile phone application creator GetJar cease its use of the term “app store” in July 2011, the result was not what Apple had hoped for. >>

Law360 Guest Column: Social Media, Speech And The Schoolhouse

The U.S. Supreme Court soon will have the opportunity to consider the extent to which the First Amendment protects student use of social media sites and blogs off campus. >>

Social Media for the CEO

David Bell and Sashe Dimitroff discuss some of the legal issues that social media raises, as well as opportunities, pitfalls, and tips about which company executives should be familiar. >>



David A. Bell

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5248
F +1 214.200.0822


David Bell is a partner and Chair of the firm's Social Media Practice Group. He counsels clients on emerging technology and branding trends, including smart phone applications, online scams, and social media issues, protects companies' product designs, and represents plaintiffs and defendants in intellectual property and domain name disputes. Additionally, he clears, procures, manages, and enforces trademarks for clients with domestic and international portfolios.

David is called upon by Fortune 10 and emerging companies to provide 24/7 service, as well as knowledgeable and creative counseling. He is also a prolific publisher and speaker, with more than thirty-five speeches and articles to his name, in addition to overseeing the Social Media Practice Group's blog, the SoMe Law Brief

As part of his practice, David:

  • Evaluates product and packaging designs for trade dress and other intellectual property issues, including for footwear, apparel, food items, liqueur bottles, pet supplies, and electronic instruments.
  • Conducts international and complex trademark clearance searches, preparing trademark applications worldwide, and prosecuting trademarks for established and emerging companies.
  • Enforces clients’ trademark and trade dress rights worldwide, through litigation, Trademark Trial and Appeal Board proceedings, and foreign legal proceedings.
  • Enforces clients’ intellectual property rights through domain name disputes.
  • Protects brands in regard to smart phone applications, social networking websites, and blogs.
  • Investigates and prosecutes online fraud, including spam e-mails and fraudulent gift card offer schemes.
  • Drafts various intellectual property agreements.
  • Counsels clients on trademark, copyright, domain name, website, and privacy law issues.

Recent Honors

  • Ranked among the top trademark lawyers in Texas in World Trademark Review (WTR) 1000 - The World's Leading Trademark Professionals, second edition, 2012. According to WTR, his clients tout him as someone who "always exceeds our expectations in terms of results, while remaining mindful of our needs for cost control."
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2006-2012)
  • The College of the State Bar of Texas

Recent Speeches and Publications

  • "Protecting and Enforcing the Brand," AT&T Legal Conference, February 16, 2012.
  • "Tips for Addressing Brand Misuse While Mitigating PR Backlash," Social Media Marketing Magazine, December 14, 2011.
  • "Watch Your Language: When Cease-and-Desist Letters Go Viral," PR News, September 21, 2011.
  • "Social Media, Speech And The Schoolhouse" co-author with Nick Nelson, Law360, August 11, 2011.
  • "Proper Use of Trademarks in Advertising and Product Packaging," INTA Roundtable Discussion, July 22, 2011.
  • "Social Media for the CEO," speaker, May 19, 2011.
  • "Brand Protection Is An App-solute Must," co-author with Hope Hughes, Law360, April 22, 2011.
  • "One Bad App Spoils the Bunch: Brand Protection in the App Era" co-author with Hope Hughes, Texas Bar Journal, March 2011.
  • "Taking Search Strategies to the Next Level," INTA Trademark Administrators Conference, October 4, 2010.
  • "Selecting and Launching a Brand," State Bar of Texas, IP Section, Annual Meeting, June 11, 2010.
  • "Protecting Brands from Scams – Ideas for Addressing Online and Email Infringement," Group Discussion Leader, INTA Annual Meeting, May 26, 2010.
  • "United States Patent and Trademark Office Rules on Deposing Non-U.S. Resident Executives in Trademark Proceedings," Lexology, April 14, 2010.
  • "Google AdWords Decision Issued by the European Court of Justice," Haynes and Boone, March 25, 2010.
  • "Another Detour? Steer Internet Traffic to Your Sites by Registering .CO Domains," Haynes and Boone, February 2, 2010.
  • "Policing Trademarks on the Internet and Web 2.0" and "Quick Tips for Monitoring and Enforcement of Web 2.0 Content," INTA Roundtable Discussion, January 21, 2010.
  • "Point - Counter Point - Counter Counter Point," 47th Annual Conference on Intellectual Property Law, The Institute for Law and Technology (division of The Center for American and International Law), November 9, 2009.
  • "Submit Your Trademarks to Facebook to Prevent Infringement," Haynes and Boone, June 10, 2009.
  • "Reviewing Product Designs and Configurations for Trade Dress Concerns," Group Discussion Leader, INTA Annual Meeting, May 17, 2009.
  • "Protecting Product Configurations: Trade Dress Focus," Dallas Bar Association Intellectual Property Law Section, January 23, 2009.
  • "Seven Tips for Clearing a Product Design," Dallas Bar Association Intellectual Property Law Section, January 23, 2009.
  • "Protecting Product Design: Trade Dress Focus," Dallas Area Paralegal Association, Intellectual Property Section, Annual Conference, January 16, 2009.
  • "Enlightened Foreign Trademark Searching," INTA Roundtable Discussion, September 18, 2008.
  • "Fraud: The 'F' Word Trademark Owners Should Avoid," Texas Bar IP Law Section Newsletter, Summer 2008.
  • "Domain Name Abuse – A Global Menace," Inter-Pacific Bar Association Journal, March 2008.
  • "Protecting Your Client’s Brand Names From Domain Name Theft and Scams," The Commercial Law Connection: The newsletter of the National Bar Association Commercial Law Section, Spring 2008. 
  • "Fraud: The 'F' Word Trademark Owners Should Avoid," IP Law360, February 11, 2008.
  • "Proper Trademark Use," INTA Roundtable Discussion, June 22, 2007.
  • "If You Can't See It, You Can't 'Use' It In New York: Trademark Developments Regarding Metatags and Keyword Advertising," Haynes and Boone, June 18, 2007.
  • "V Is For 'Vindication' for Owners of Famous Trademarks," State Bar of Texas Intellectual Property Law Section Newsletter, Winter 2007.
  • "Developments in Fraud Upon the U.S. Patent and Trademark Office," INTA Roundtable Discussion, April 13, 2006.
  • "The News on .EU--Registering Domain Names on the New European Union .EU Registry," Haynes and Boone, December 28, 2005.
  • "Appellate Court Clears the Way for Competitive Pop-Up Ads," Haynes and Boone, July 12, 2005.
  • "MGM v. Grokster and Pending Legislation: What's at Stake for Peer-to-Peer Networks and Copyright Law," The Licensing Journal, June/July 2005.
  • "Will the Supreme Court or Congress Modify Copyright Law in an Era of Rampant Digital Piracy?" NYU Journal of Law and Business, Spring 2005.
  • "What Might Peer-to-Peer Have to Fear?" Copyright World, March 2005.
  • "Will the U.S. Supreme Court End the Heyday of Unauthorized Online Music-Sharing?" News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland, February/March 2005. 

Selected Representative Experience


IP Enforcement on Social Networking Site
Our client discovered a phony advertisement and "joke" bearing the client's name and logo and being displayed on a Facebook group page. The content was in extremely poor taste, mocking the victims of a natural disaster. Even worse, the majority of other images and content posted to this public Facebook group page was blatantly racist. Using take-down procedures available through Facebook and by directly contacting representatives with whom we have had prior dealings at Facebook, we successfully and quickly removed the content incorporating our client's name and logo from all relevant Facebook pages.

Korean Trademark Dispute - Restaurant
Working with local Korean counsel we opposed and successfully invalidated a Korean trademark. This action allowed our restaurant industry client to secure its trademark in Korea and allow them to enter the Korean market using trademarks they use in other jurisdictions worldwide.

Product Clearance - Retail
Our client wished to launch a new footwear item in a highly competitive space. One of the industry leaders in this space had recently filed many lawsuits against third parties due to what it perceived as infringement of its patent and trade dress rights. We worked very closely – nearly every day for approximately seven months – with our client, including its legal, product design, and buying teams. We cleared a footwear design that was viable from both legal and marketing perspectives. Haynes and Boone also ultimately issued trade dress and design patent clearance and opinion letters to the client in connection with this review.

Successful Trade Dress Enforcement - Food and Beverage
One of our client’s liqueurs, an award-winning and extremely popular brand, faced competition from a newly-launched product. The appearance of this new product’s bottle shape, product packaging, and marketing materials featured several similar characteristics to those of our client’s. We sent multiple demand letters to the competitor and its counsel, advising of our client’s trade dress and trademark rights. To escalate the matter, we proceeded to file suit in Illinois. After months of hard-fought litigation, the parties settled with the competitor agreeing to modify its packaging to further distinguish it from that of our client’s product.

Trade Dress, Trademarks - Retail
A buyer for a retail company would be selecting new footwear to stock its shelves for an upcoming season. Before the buyer's selection would occur, however, each potential product was to be legally reviewed for any intellectual property concerns. As it turned out, the company had several hundred products to be reviewed in within an approximately two-week timeframe. Working night and day with our client contacts and other outside counsel, at the client's offices, we provided thorough analysis and clearance of hundreds of footwear designs. The designs were carefully reviewed for intellectual property issues such as those bearing on trade dress, trademarks, and patents. Ultimately, the buyer purchased nearly one hundred and fifty designs from the larger group of designs deemed legally clear by counsel.

Memberships

  • International Trademark Association - Chair of Existent Content Evaluation Subcommittee, Online Reference Committee
  • CT Corsearch Advisory Board
  • State Bar of Texas - Intellectual Property Section, Trademark, Copyright, and Diversity Task Force Committees
  • Dallas Bar Association - Intellectual Property Section
  • Dallas Association of Young Lawyers

Online Publications

01/09/2012 - The IP Beacon, January 2012
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.  

12/14/2011 - Social Media Marketing Magazine Guest Article: Tips for Addressing Brand Misuse While Mitigating PR Backlash
Perhaps you’ve heard about Chick-fil-A’s recent “oops” moment. The company fired off a cease and desist letter to a Vermont artist over his use of and trademark application for EAT MORE KALE.

09/21/2011 - PR News "PR Insiders" Column: Watch Your Language - When Cease-and-Desist Letters Go Viral
When Apple’s legal department sent a letter demanding mobile phone application creator GetJar cease its use of the term “app store” in July 2011, the result was not what Apple had hoped for.

08/16/2011 - The IP Beacon, August 2011
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

08/11/2011 - Law360 Guest Column: Social Media, Speech And The Schoolhouse
The U.S. Supreme Court soon will have the opportunity to consider the extent to which the First Amendment protects student use of social media sites and blogs off campus.

05/19/2011 - Social Media for the CEO
David Bell and Sashe Dimitroff discuss some of the legal issues that social media raises, as well as opportunities, pitfalls, and tips about which company executives should be familiar.

05/09/2011 - Brand Protection is an App-solute Must
As appeared in The IP Beacon, May 2011.

05/09/2011 - The IP Beacon, May 2011
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

04/22/2011 - Brand Protection Is An App-solute Must
The ubiquity of mobile and Internet applications, or apps, is astounding. Because the mobile apps market will continue to have an increasingly significant impact on the global marketplace, intellectual property practitioners should familiarize themselves with trademark and copyright issues that apps raise and methods of addressing those issues.

02/28/2011 - One Bad App Spoils the Bunch: Brand Protection in the App Era
This article provides some background on what apps are, as well as trademark and copyright issues they raise and methods of addressing those issues.

02/02/2011 - The IP Beacon, February 2011
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

01/20/2011 - Beware of Fraudulent Trademark and Patent Notices Mimicking Official Communications
As appeared in The IP Beacon, February 2011.

12/17/2010 - FLASH - Supreme Court Does Not Answer Copyright Exhaustion Question in Costco
Earlier this week, the U.S. Supreme Court issued a split decision and failed to resolve whether copyrighted materials legally made abroad can be imported into the U.S. and sold without the express permission of the copyright owner.

10/04/2010 - Trademarks: Taking Search Strategies to the Next Level
Reading and interpreting the results of a global search can be a daunting prospect. This session will provide you with strategies and useful tips to optimize and simplify your review.

07/10/2010 - Selecting and Launching a Brand
In a presentation to the State Bar of Texas at its annual meeting, David Bell reviewed questions and challenges arising in connection with selection and introduction of a brand from a trademark law perspective.

05/07/2010 - The IP Beacon, May 2010
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

04/02/2010 - United States Patent and Trademark Office Rules on Deposing Non-U.S. Resident Executives in Trademark Proceedings
A recent ruling should provide some comfort for non-U.S. companies involved in U.S. trademark oppositions or cancellations. The United States Patent and Trademark Office (USPTO) has clarified that companies with no U.S. operations cannot easily be forced to travel to the U.S. for oral depositions.

03/25/2010 - Google AdWords Decision Issued by the European Court of Justice
The European Court of Justice ruled this week that Google did not infringe trademark rights by letting advertisers purchase keywords corresponding to their competitors’ trademarks in Google’s AdWords program.

02/02/2010 - Another Detour? Steer Internet Traffic to Your Sites by Registering .CO Domains
In what may be a new opportunity for cybersquatters, the Colombian .CO registry will soon allow for registration of domain names ending in simply .CO. Such domain names may be a prime platform for social networking sites and brand owners. As the registry explains, the acronym .CO can be associated with terms that include company, corporation, commerce, communities, content, connect, communication, collaborate, and consumers.

01/21/2010 - Policing Trademarks on the Internet and Web 2.0
Presentation slides and "Quick Tips" from the INTA U.S. Roundtable - January 2010

06/10/2009 - Submit Your Trademarks to Facebook to Prevent Infringement
Facebook announced yesterday significant policies that can impact brand owners' online presence. Starting this Saturday, June 13, 2009, Facebook will allow individuals to register usernames that will direct to personalized Facebook URLs.

03/31/2009 - Hot Branding News, Spring 2009
"Hot Branding News" is a quarterly newsletter highlighting current issues and updates prepared by the lawyers in the Franchise and Distribution Group of Haynes and Boone.

01/23/2009 - Protecting Product Configurations: Trade Dress Focus
As presented to the Dallas Bar Association Intellectual Property Law Section.


01/23/2009 - Seven Tips for Clearing a Product Design
Presented at the Dallas Bar Association IP Section Meeting, January 23, 2009.

09/08/2008 - The IP Beacon
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

07/01/2008 - Fraud: The 'F' Word Trademark Owners Should Avoid
As seen in the State Bar of Texas Intellectual Property Law Section Newsletter, Summer 2008 pp. 12-15

03/01/2008 - Protecting Your Client’s Brand Names From Domain Name Theft and Scams
The Commercial Law Connection: The newsletter of the National Bar Association Commercial Law Section, Spring 2008.

02/11/2008 - Fraud: The 'F' Word Trademark Owners Should Avoid
As seen in IPLaw360, February 11, 2008.

06/18/2007 - If You Can't See It, You Can't "Use" It In New York
On May 9, 2007, the Eastern District of New York issued a ruling that use of another owner’s trademark as either a metatag or in keyword advertising does not constitute “use in commerce” and is thus not actionable under trademark law.

10/12/2006 - V Is For "Vindication" For Famous Trademark Owners
The United States Supreme Court issued a landmark dilution ruling in 2003 in Mosely v. V Secret Catalogue, Inc., 537 U.S. 418 (2003).

12/28/2005 - The News on .EU--Registering Domain Names on the New European Union .EU Registry
The European Union has recently launched a new ccTLD (country code top level domain). Instead of using the various national European ccTLD's, such as .fr for French companies, .de for German companies, and .co.uk for U.K. companies, the EU has made available the .eu suffix as a Community-wide ccTLD.

07/14/2005 - Appellate Court Clears the Way for Competitive Pop-Up Ads
The Second Circuit Court of Appeals impedes trademark owners trying to restrict online pop-up advertising that appears when consumers visit the trademark owners’ websites.

06/01/2005 - MGM v. Grokster and Pending Legislation: What's at Stake for Peer-to-Peer Networks and Copyright Law
As seen in The Licensing Journal, June/July 2005.

04/01/2005 - Will the Supreme Court or Congress Modify Copyright Law in an Era of Rampant Digital Piracy?
As seen in NYU Journal of Law and Business, Vol. 1:565.

03/01/2005 - What Might Peer-to-Peer Have to Fear?
As seen in Copyright World #148, March 2005.

02/01/2005 - Will the U.S. Supreme Court End the Heyday of Unauthorized Online Music-Sharing?
As seen in News Exchange, the newsletter for the Licensing Executives Society of Britain and Ireland.