David Donahue

Practice Areas

Trademark

Litigation

Copyright

Social Media & Domain Names

Design

Publicity & Privacy

Career

David Donahue brings the benefit of his extensive courtroom experience when advising clients on protection and enforcement issues relating to copyright, trademark, unfair competition, right of publicity, design patent, and related commercial matters. His commercial litigation experience also informs his approach to negotiating and drafting commercial agreements involving intellectual property matters. A former clerk to federal judges in both the Southern District of New York and the Second Circuit Court of Appeals, David has deep litigation experience in federal and state trial and appellate courts across the country, as well as in matters before the TTAB.

He advises and represents clients that reflect diverse sectors, including sports, fitness, hotels and resorts, food and beverage, fashion, music, and literary works.

As a member of the prestigious International Amicus Committee of INTA, David has co-authored INTA’s amicus briefs to the U.S. Supreme Court of the United States in Iancu v. Brunetti, Romag Fasteners, Inc. v. Fossil, Inc., and VIP Products LLC v. Jack Daniel’s Properties, Inc., three of the most significant trademark cases heard by the Court in recent history. David is also a member of the Copyright Society of the USA, the Federal Bar Council, and the New York City Bar Association’s Sports Committee.

Professional Memberships

International Trademark Association (International Amicus Committee, 2016-present; Right of Publicity Committee, 2020-22, past member of Internet Committee and Enforcement Committee)

Federal Bar Council (Intellectual Property Committee, 2014-present)

Association of the Bar of the City of New York (Sports Law Committee; past member of Copyright & Literary Property Committee and Entertainment Law Committee)

Copyright Society of the U.S.A. (past Assistant Secretary, Co-chair of Membership Committee, Co-chair of Annual Meeting Committee and member of the Board of Trustees)

American Bar Association

Publications

International Comparative Legal Guide to Copyright 2021, contributed the U.S. chapter with Jason Jones

International Comparative Legal Guide to Copyright 2020, contributed the U.S. chapter with Jason Jones

International Comparative Legal Guide to Copyright 2019, contributed the U.S. chapter with Jason Jones

International Comparative Legal Guide to Copyright 2015, contributed the U.S. chapter

Supreme Court Rules on TTAB Preclusion, Managing IP, co-author with Jason Jones, May 2015