David Bell focuses his practice in the area of intellectual property law. He concentrates on procuring, prosecuting, and enforcing trademarks for clients with domestic and international portfolios. He has represented plaintiffs and defendants in intellectual property disputes, as well as in a variety of commercial litigation matters. David also previously worked as an intern with CNN, where he drafted licensing agreements.
Selected Client Representations
- Evaluating product and packaging designs for trade dress and other intellectual property issues, including for footwear, food items, pet supplies, and electronic instruments.
- Conducting trademark clearance searches, preparing trademark applications, and prosecuting trademarks for established and emerging companies.
- Maintaining and enforcing clients' trademark and trade dress rights through litigation and Trademark Trial and Appeal Board proceedings.
- Enforcing clients' intellectual property rights through domain name disputes.
- Drafting various intellectual property agreements.
- Counseling clients on trademark, copyright, domain name, website, and privacy law issues.
- Investigating and prosecuting online fraud, including spam emails and fraudulent gift card offer schemes.
Recent Honors
- Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2006-2009)
Recent Speeches and Publications
- "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.
- "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.
- "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.
- "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.
- "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.
- "What Might Peer-to-Peer Have to Fear?" Copyright World, March 2005.
Selected Representative Experience
Product Clearance - Retail
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.
Online Publications
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 -
Seven Tips for Clearing a Product Design
Presented at the Dallas Bar Association IP Section Meeting, January 23, 2009.
01/23/2009 -
Protecting Product Configurations: Trade Dress Focus
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
06/18/2007 -
If You Can't See It, You Can't "Use" It In New York
V Is For "Vindication" For Famous Trademark Owners
The News on .EU--Registering Domain Names on the New European Union .EU Registry
Appellate Court Clears the Way for Competitive Pop-Up Ads
MGM v. Grokster and Pending Legislation: What's at Stake for Peer-to-Peer Networks and Copyright Law
Will the Supreme Court or Congress Modify Copyright Law in an Era of Rampant Digital Piracy?
03/01/2005 -
What Might Peer-to-Peer Have to Fear?
02/01/2005 -
Will the U.S. Supreme Court End the Heyday of Unauthorized Online Music-Sharing?