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Aereo: What Does the Supreme Court's Decision Mean for Other Internet Video and Cloud-Based Services?


Speaker(s): Bruce P. Keller, Jeffrey P. Cunard
Recorded on: Jul. 2, 2014
PLI Program #: 60094

Bruce Keller leads the intellectual property litigation practice at the firm. He specializes in handling complex cases, often of first impression, that require more care, thought, creativity and diligence than the typical dispute. He is considered the “go-to” lawyer for intellectual property and entertainment litigation involving copyright, trademark, false advertising, First Amendment, rights of publicity and related matters. Mr. Keller is also active in the firm’s Privacy and Data Security practice.

During his career, Mr. Keller has litigated a number of widely publicized cases on behalf of ABC, CBS and NBC against Aereo (involving copyrights to their over- the-air broadcasts); Sony Pictures (involving the mega-hit motion picture Spider- Man and the made-for-television movie “Who is Clark Rockefeller?"); Amazon (involving its Kindle device); Howard Stern and CBS Radio (over the on-air handling of cremated remains); the National Football League (involving multiple trademark and copyright matters including the copyright in the design of the Super Bowl® trophy); clothing retailer The Gap (involving the famous Gap trademark); Time and The New York Times Company (involving their right to distribute electronic versions of their publications); and The Washington Post Company, USA Today and CNN (involving the copyrights to their websites). Mr. Keller also developed and implemented the intellectual property protection and anti-counterfeiting program used by The Statue of Liberty-Ellis Island Foundation, Inc., the organization that raised the money for the restoration of the Statue of Liberty and Ellis Island by licensing its logos and trademarks.

In addition to maintaining a full-time litigation practice, Mr. Keller is the co- author of two treatises. The first, with Jeffrey Cunard, is Copyright Law: A Practitioner’s Guide, published by Practising Law Institute. The second, The Law of Advertising, Marketing and Promotions (Law Journal Press 2011), was written with David Bernstein.

Mr. Keller, along with Mr. Cunard, also has taught at Harvard Law School and was a Fellow at its Berkman Center for Internet and Society. In May 2008, both received the Berkman Award, the Center’s highest honor, for their pro bono service as lawyers, educators and co-directors of the Center’s clinical program.

Mr. Keller’s other publications include: “Survey Evidence in False Advertising Cases” in Trademark and Deceptive Advertising Surveys (ABA 2012); “The Game’s the Same: Why Gambling in Cyberspace Violates Federal Law,” 108 Yale Law Journal 1569 (1999); “Condemned to Repeat the Past: The Reemergence of Misappropriation and Other Common Law Theories of Intellectual Property Protection,” 11 Harvard Journal of Law and Technology 401 (1998); “It Keeps Going and Going and Going: The Expansion of False Advertising Litigation Under the Lanham Act,” 59 Law and Contemporary Problems 131 (Spring 1996); “Maximizing Trademark Protection and Trademark Value,” Directors & Boards Magazine (Summer 1993); and “A Survey of Survey Evidence,” Litigation (Fall 1992).

He also was an Advisor to the American Law Institute’s Restatement of the Law: Unfair Competition, and is a member of the Advisory Boards of BNA’s Patent, Copyright and Trademark Journal, the Advertising Compliance Service and The Entertainment Law Reporter, among others. He has been Counsel to the International Trademark Association (“INTA”), including in connection with the INTA’s amicus brief in the landmark Taco Cabana trade dress case.

Mr. Keller joined Debevoise in 1982 and became a partner in 1988. He received a B.S. from Cornell University in 1976 and his J.D. from Boston University in 1979.

Language(s)
English

Bar Admissions
New York
Massachusetts
New Jersey

Education
Boston University School of Law, 1979, J.D.
Cornell University, 1976, B.S.


Jeffrey Cunard, managing partner of the Washington, D.C. office, leads the firm’s corporate intellectual property, information technology and e-commerce practices. He has broad experience in transactions, including software and technology licenses, joint ventures, mergers and acquisitions, and outsourcing  arrangements. He is an internationally recognized practitioner in the field of the Internet and cyberlaw and a member of the firm’s Privacy and Data Security practice. Mr. Cunard’s practice also encompasses copyright litigation, U.S. and international media and telecommunications law, including privatizations and regulatory advice.

Mr. Cunard is the author of, and contributes to, books and articles on communications and intellectual property law, and he speaks widely on both subjects. He is on the Board of Editors of e-commerce Law & Strategy and is the co-author of two seminal books on international communications law, From Telecommunications to Electronic Services (1986) and The Telecom Mosaic (1988), both published by Butterworths. He also co-authors the treatise, Copyright Law: A Practitioner’s Guide (2001-2015), published by Practising Law Institute (Second Edition published earlier this year), and has as co-authored the “Obscenity and Indecency,” “Copyright” and “Trademark and Unfair Competition Issues” chapters in Internet and Online Law (K. Stuckey, ed.) (Law Journal Seminars-Press 1999-2010).   Annually, Mr.Cunard co-authors a summary of legal developments involving intellectual property and the Internet for the Practising Law Institute’s Communications Law program. He also is a major contributor to The Future of Software (1995), published by MIT Press. For several years, he taught a seminar at Harvard Law School, “Practical Lawyering: Internet-Related Issues,” and served as co-director of the Clinical Program at the Berkman Center for Internet & Society at Harvard University.

Mr. Cunard is an active participant in community activities and the arts. He is a member of the Board of Trustees of the Freer Gallery of Art/Arthur M. Sackler Gallery, Smithsonian Institution (Chair, 2003-2007; Vice Chair, 2010-present); serves as Secretary of and is on the Board of Directors of Friends of Khmer Culture; and is Counsel to the College Art Association. He is a past President of the Woolly Mammoth Theatre Company and a past director of both Rhizome.org and the Choral Arts Society of Washington.

Mr. Cunard graduated summa cum laude in English and Political Science from the University of California at Los Angeles in 1977 and received a J.D. in 1980 from the Yale Law School, where he was an Editor of the Yale Law Journal. After graduation from law school, he served as Law Clerk to the Honorable Wm. Matthew Byrne, US District Court for the Central District of California.

Bar Admissions

District of Columbia

New York

California

Education

Yale Law School, 1980, J.D.

University of California at Los Angeles, 1977, B.A.