David Sunshine

David B. Sunshine counsels clients in all aspects of intellectual property law. He focuses his practice on patent, trademark and copyright litigation, anti-counterfeiting enforcement, proceedings before the Trademark Trial and Appeal Board, domain name disputes, U.S. and international trademark prosecution, and copyright registration and practice.

David also regularly counsels hedge funds and other institutional investors who have a stake or are considering acquiring a stake in companies involved in IP and other technology litigation. Specifically, he monitors and analyzes litigation on behalf of hedge fund clients and provides advice on potential risk and likely outcomes. As a result of his experience advising hedge funds, David is regularly quoted in the press.

David also represents a formidable list of domestic and multinational clients in a variety of industries, including apparel, luxury consumer and designer goods, jewelry, food and beverage, consumer products, consumer electronics, publishing and media, health care, e-commerce, telecommunications, publishing and sports, among others.

On behalf of several major luxury brands, David develops and implements comprehensive worldwide anti-counterfeiting enforcement strategies. As a result of those strategies, he has succeeded in shutting down scores of counterfeit operations around the world.

He also has transactional experience relating to intellectual property issues in the context of mergers and acquisitions and venture capital. He has been involved in drafting and negotiating license agreements as well as other agreements involving intellectual property interests.

He earned his undergraduate degree from Washington University in St. Louis and his law degree from the Benjamin N. Cardozo School of Law, where he served as the acquisitions editor of the Cardozo Arts & Entertainment Law Journal.

EXPERIENCE :

• Handled a successful appeal before the U.S. Court of Appeals for the Second Circuit in connection with a trademark infringement action.
• Won a judgment of noninfringement on behalf of the manufacturer of high speed data connectors in a patent infringement case.
• Represented the defendant in a patent infringement case relating to software for storing and displaying intra-oral radiographs.
• Represented the defendant in a trademark infringement case in connection with an allegation of trademark infringement relating to Google AdWords and sponsored links.
• Jointly represented city and municipal authority to create and implement plan that increased city revenues and enhanced water and municipal waste services.
• Represented the seller of an operating nuclear plant, independent spent fuel storage installation and decommissioned nuclear plant facility in NRC approval proceedings.
• Advised renewable energy project developers and utilities on loan guarantee programs, development of federal grant applications and conditions of accepting federal funding.

EDUCATION :

• Benjamin N. Cardozo School of Law, Yeshiva University, J.D., 2000
• Washington University in St. Louis, B.A., 1997

BAR ADMISSIONS : New Jersey; New York

COURT ADMISSIONS :

• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals for the Second Circuit
• U.S. District Court — Eastern District of New York
• U.S. District Court — New Jersey
• U.S. District Court — Southern District of New York