- Intellectual Property: Trademarks, Trade Secrets, Copyrights, Know-How
- Intellectual Property Litigation
- Commercial Litigation
- Eminent Domain
David continues to focus his practice on advising clients and litigating a variety of intellectual property issues. He represents both businesses and individual authors, artists and other creatives on the filing of registrations, licensing and strategies to protect trademarks, trade secrets and copyrights while also protecting them in court and before the United States Trademark Trial and Appeal Board.
In addition, he has an extensive commercial litigation background involving complex contract disputes and business torts with particular knowledge of manufacturing practices, food processing and the energy industry. He also represents municipalities, utilities and landowners in condemnations and other property disputes.
He also teaches intellectual property as an Adjunct Law Professor at the University of Missouri in Kansas City and was appointed by the Mayor of Kansas City, Missouri to the Kansas City Municipal Arts Commission.
- Federal Circuit
- U.S. District Court for the Western District of Missouri
- U.S. District Court for the District of Kansas
- U.S. Tax Court
- Successfully defended a large retail business in a dispute as to competing allegations of trademark ownership and consumer confusion. Coordinated related issues before the TTAB and negotiated potential licensing matters on its behalf.
- Cancelled and opposed trademark registrations before the TTAB. Successfully tried a case before the TTAB that cancelled the mark of a client’s competitor who had used the mark for many years. A full panel upheld the decision.
- Served as lead counsel in defeating and pursuing injunctions for alleged trademark violations. Defeated a preliminary injunction filed by a competitor during the national launch of my client’s product line. After further litigation, the case was dismissed without any compensation from my client.
- Advised and assisted clients and attorneys on filing for trademark registrations and respond to the examining attorney.
- Negotiated licenses and sales of intellectual property.
- Recovered damages on behalf of architects including one that far exceeded any profits at issue because I was able to place several million dollars of defendant’s revenues in jeopardy.
- Obtained an injunction based on copyright infringement to stop the continued production of a performance based on client’s Atlantic City shows.
- Defended against patent lawsuits involving products ranging from audio speakers to food ingredients including a case in which the litigation of our client’s counterclaims led to the plaintiff paying my client $1 million.
- Successfully litigated commodities trading disputes in several states. Tried a case involving complicated contractual issues and natural gas hedging strategies that resulted in a defense verdict in favor of the client.
- In a case of first impression, won the right to control a limited liability company that had long been controlled by a competing block of members. Initially obtained an injunction to prevent the competing block from stripping company assets.
- Assisted in taking control of ownership and management of a $40 million corporation in Delaware while defeating an antitrust lawsuit in California.
- Persuaded the Kansas Supreme Court to uphold a Court of Appeals’ ruling in our client’s favor in a tax case worth millions of dollars.
- Lead attorney on a variety of real estate issues for municipalities, utilities and business clients in several states including obtaining injunctions to protect the public from potentially dangerous situations. Obtained a $10 million recovery for a business that believed it would not recover more than $1 million.
Federal Judicial Clerkship
- Honorable Judge Dean Whipple, U.S. District Court for the Western District of Missouri
- University of Iowa College of Law, Iowa City, IA
- University of Minnesota, Carlson School of Business, Mpls., MN
Professional Associations and Civic Involvement
- University of Missouri, Kansas City School of Law, Adjunct Professor on Intellectual Property
- American Bar Association: Vice Chairman of Copyright Division; Book Publishing Board; Trademark Litigation committee member
- Kansas City Municipal Art Commission, board member
- Kansas City Volunteer Lawyers & Accountants for the Arts, board member
- Kansas City Tomorrow Alumni Association, board member
- International Right of Way Association, facilitator/instructor; chapter President
- Ronald McDonald House, Red Shoe & operations committees
- 4/4/2014 Copyright 2013 At A Gallop Presented to the American Bar Association’s 29th Annual Intellectual Property Conference with Kate Spelman in Washington, D.C.
- 7/8/2013 New Cases in Copyright Law – Internet and Beyond. Part of Fundamentals of Copyright Law in the Data Era 2013 program presented to Practicing Law Institute (PLI) in San Francisco. Kate Spelman moderator.
- 5/10/2013 Can I Copy That? A Busy Year in Copyright, Presented to the Missouri Bar, Intellectual Property Section, Jefferson City, MO.
- 3/25/2013 Ethics and the Right of Way Profession for the IRWA, City of Lee’s Summit, MO.
- 1/16/2013 Creatives & Copyright. Presented to the Greater Kansas City Art Association.
- 11/8/2012 Creatives Do Copyright. Presented to the Kansas City Art Institute, Kansas City, MO.
- 9/8/2012 A Kiss Is Not A Contract; Contracts for Musicians. Presented at the Musician’s Boot Camp for the KCVLAA.
- 7/9/2012 New Cases in Copyright Law – Internet and Beyond. Part of the Understanding Copyright Law in the Data Era 2012 program presented to Practicing Law Institute (PLI) in San Francisco. Kate Spelman moderator.
- 2/13/2012 Another Coat of Primer: Copyrights. Presented to the Greater Kansas City Artist Association.
- 9/10/2011 A Kiss Is Not A Contract; Contracts for Musicians. Presented at the Musician’s Boot Camp for the KCVLAA.
- 7/25/2011 Speaker: Finding Commercial Value in Copyrights; Panel Member for Placing Your Bets on Non-Obvious Horses: Capturing Value from Non-Patentable Subject Matter. Presented to the Association of University Technology Managers (AUTM) Central Conference in Louisville, KT.
- 2/19/2011 Zen and the Art of Law: business structure, intellectual property, and basic contract issues facing artists, Wichita University for KCArtistsLink.
- 12/2010 Trademark Trials Before the TTAB. Presented to the Lawyers Association of Kansas City.
- 10/6/2010 The Art of the Contract for Writers, Writer’s Place, Kansas City, Missouri.
- Chapter Author (on willful infringement), Copyright Litigation, ABA, future publication date.
- Contributor and a Reviewer, Annual Review of Intellectual Property Law Developments 2011 (Herbert D. Hart III editor), ABA
- Contributor, Annual Review of Intellectual Property Law Developments 2006-2008 (Neil Smith & Daniel Calder editors), ABA.
- Author of an intellectual property litigation blog: IP Litigation From Flyover Country found at http://iplitigator.wordpress.com/.
- Former Author of an intellectual property litigation blog: Owners, Borrowers & Thieves 2.0 found at http://iplitigator.huschblackwell.com
- Co-chapter author (Settlements in Commercial Litigation), Litigation Settlements, 2nd & 3rd eds., Missouri Bar Publications.