Debevoise & Plimpton

Firm overview:

Clients with lawsuits “they absolutely can’t lose” put Debevoise & Plimpton in their corner for representation. At the top of its game, the firm is known for handling bet-the-company disputes, novel issues of law, and highly contentious cases, for market-leading businesses.

Headquartered in New York with nine offices worldwide, Debevoise & Plimpton offers business-focused advice to its global clients on US and cross-border trademark matters, representing them in forums from the Trademark Trial and Appeal Board (TTAB) up to the Supreme Court.

Alongside the litigation practice, the team teaches and writes on IP law, advocating for regulatory and legislative improvements and promoting alternative dispute resolution mechanisms.

Team overview:

Debevoise is a lockstep firm, meaning that all lawyers receive the same remuneration according to their class year. According to reports, the firm created a second, non-equity tier of partners in 2025, joining other major law firms that use the model.

The firm fields talented teams that include highly skilled junior members—a client, who took “an incredibly important case” to Debevoise, says they expected quality from the firm but were “blown away” by its associates.

At the helm of Debevoise’s team, and with a reputation for winning trademark cases that draws clients with their most important matters, is New York partner David Bernstein. An adjunct professor of trademark law at New York University and the University of California Berkeley, Bernstein has been described as a “wizard” in the courtroom, and maintains a healthy caseload after 35 years at Debevoise.

Also in New York, Megan Bannigan has made a name as a revered litigator alongside Bernstein. Bannigan’s clients have included Novartis, Prada, Toyota, Bayer and L’Oréal; she also acted as counsel of record for the International Trademark Association (INTA) in Dewberry.

Building up a reputation as a highly capable trademark litigator, associate Jared Kagan has been involved in some significant representations such as a US Supreme Court victory in USPTO v Booking.com, and acting for Costco in a win before the Second Circuit.

Another Debevoise lawyer used to handling high-stakes matters, Christopher Ford represents clients in trademark, trade dress and false advertising cases in federal courts nationwide, as well as before the US Patent and Trademark Office (USPTO) and TTAB.

Key matters:

• Judd Foundation: Furniture dispute with Kim Kardashian

Debevoise represented Judd Foundation, which owns the IP rights to Donald Judd’s name, trademark and furniture trade dress, in a dispute with Kim Kardashian.

Kardashian purchased knock-off Donald Judd tables and chairs from a Hollywood-based interior design company and claimed that they were authentic in a YouTube video, viewed by over 3.7 million people. After an unsuccessful attempt to resolve the situation, Judd Foundation filed a complaint in March 2024 in California, with various claims including trademark and trade dress infringement. Kardashian moved to dismiss all claims.

The court denied the motions to dismiss, finding inter alia that Judd Foundation had adequately pleaded that a reasonable consumer could be confused about whether Kardashian was associated with or had been endorsed by the Donald Judd brand. The parties settled in June 2025 with Clements Design acknowledging “the rights inherent to Donald Judd’s furniture and art” and Kardashian receiving authentic Donald Judd tables and chairs.

Megan Bannigan was the lead partner on the team, which also included David Bernstein, Jared Kagan, and James Stramm.

• MÁS+ Next Generation Beverage Co / Leo Messi: Dispute with Prime Hydration

The team is defending MÁS+ and its joint venture partner Lionel Messi against claims of trade dress infringement made by Prime Hydration and two of its co-founders. Prime alleges that MÁS+ By Messi beverages infringe on its trade dress.

Given the fame of the celebrity founders of the two hydration brands and popularity of the products at issue, the case is being closely watched. The parties are currently engaged in fact discovery, with depositions ongoing.

Bernstein and Bannigan handle the matter.

• Novartis: Preliminary injunction granted on trade dress grounds

In March 2025, Debevoise secured an important preliminary injunction for Novartis against generics maker MSN Pharmaceuticals, which halted MSN’s launch of a generic version of Novartis’s blockbuster heart treatment Entresto. It was granted on the ground that MSN’s generic tablets copy the trade dress of Entresto and are likely to cause confusion among consumers.

That decision was ultimately reversed, but meant that the injunction was in place for a critical period and prevented the launch of MSN’s drug.

Bannigan was the lead partner on the team.

Clients:

Bank of America, Casa Azul Spirits, Cubaexport, Edge Autonomy, Empower, DraftKings, Judd Foundation, Leo Messi/MÁS + Next Generation Beverage Co, Merck, Novartis, Printify, The Sam Bernstein Law Firm, Snap, Sneex, Steve Madden, StockX, X Corp