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David B. Sunshine

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New York
277 Park Avenue
New York, New York 10172
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(212) 883-4911
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(800) 437-7040
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(866) 812-3650
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    David B. Sunshine

    David B. Sunshine is resident in the New York office where he practices in the Intellectual Property Group and 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.  David's hedge fund diligence practice was profiled in the October 20, 2010 issue of The National Law Journal in an article titled "Lawyer Finds A Niche In Bird-Dogging Litigation For Hedge Funds." David authored an article in the July/August 2010 edition of The Hedge Fund Journal titled "Intellectual Property Litigation: What Hedge Funds Can Do To Take Advantage." As a result of his experience advising hedge funds, David is regularly quoted in the press.  Most recently, David was quoted in he Reuters article titled "Jury Deals Big Blow to Oracle in Android Case Versus Google" as well as the Bloomberg article titled "Apple, Motorola Mobility Patent Jury Trial Scrapped By Judge."  In May 2012, David was the keynote speaker at the Jefferies Patent Symposium where he spoke to institutional investors about the smartphone patent wars.

    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. 

    Handled a successful appeal before the U.S. Court of Appeals for the 2nd Circuit in connection with a trademark infringement action


    Won on summary judgment on behalf of a major French jewelry retailer in a trademark infringement lawsuit.


    Prevailed on a motion to dismiss on behalf of a major sweetener manufacturer in a class action false advertising case


    Won a judgment of noninfringement on behalf of the manufacturer of high speed data connectors in a patent infringement case


    Prevailed on a motion to dismiss on behalf of a theater in a copyright infringement case relating to the performance of a cat circus


    Represented the defendant in a patent infringement case relating to software for storing and displaying intra-oral radiographs


    Represented the plaintiff in a certification mark infringement case relating to motorcycle helmets


    Represented a well-known basketball player in a right of publicity case against a major U.S. apparel retailer


    Represented the defendant in a trademark infringement case in connection with an allegation of trademark infringement relating to Google Adwords and sponsored links


    Closed down numerous retailers and wholesalers selling counterfeit goods on behalf of the manufacturer of a major international luxury brand


    Jointly represented city and municipal authority to create and implement plan that increased city revenues and enhanced water and municipal waste services.


    Represented seller of operating nuclear plant, independent spent fuel storage installation and decommissioned nuclear plant facility in NRC approval proceedings.


    Drafted DC Circuit brief for $1 billion private uranium enrichment plant licensee in successful defense of NRC licensing determination.


    Advised renewable energy project developers and utilities on loan guarantee programs, development of federal grant applications and conditions of accepting federal funding.


    Additional Practices

    News


    David Sunshine quoted in Reuters

    March 20, 2012

    David Sunshine quoted in Reuters

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    Cozen O'Connor Names 11 Attorneys To Membership in the Firm

    May 21, 2009

    Cozen O'Connor Names 11 Attorneys To Membership in the Firm

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    Publications


    Fifty Shades of Copyright [Intellectual Property Magazine]

    May 13, 2013

    David B Sunshine and J Trevor Cloak explain what fan fiction authors need to know about copyright protection.

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    Summer 2012 [Business Law Observer]

    July 01, 2012

    This issue of the Business Law Observer covers several areas of business activity, anticipating problems, and how to deal with them before they become insurmountable, including: Venture Capital, Intellectual Property, Governmental Risks, China Practice and Public and Project Finance.

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    Events & Seminars

    Jefferies Patent Symposium New York, New York 05/30/2012

    Practice Areas

    Intellectual Property

    Intellectual Property Litigation

    Trademark & Copyright

    Right of Privacy & Right of Publicity

    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
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