David Donahue is a Partner in our litigation department. He litigates copyright, trademark, unfair competition, right of publicity, design patent and related commercial matters in federal and state trial and appellate courts. David's practice spans a broad range of industries, including music, film, art, hotels & resorts, luxury goods, and new media, among many others. He also negotiates and drafts commercial agreements relating to intellectual property matters.
University of Michigan (B.A., 1994); St. John's University School of Law (J.D., magna cum laude, 1998); St. Thomas More Institute Scholarship; Kenneth Wang Fellowship; Associate Editor, St. John's Law Review.
Law Clerk to the Honorable Joseph M. McLaughlin, Circuit Judge, United States Court of Appeals for the Second Circuit (2001-2002); Law Clerk to the Honorable Milton Pollack, District Judge, United States District Court for the Southern District of New York (1998-1999).
International Trademark Association (International Amicus Committee, 2016-present; 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 (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.
New York State
United States Court of Appeals for the Second, Ninth and Federal Circuits
United States District Court for the Southern and Eastern Districts of New York
David frequently conducts customized in-house CLE programs for clients on topics of interest relating to copyright, trademark, right of publicity and internet law. Examples of his public speaking engagements include the following: News Flash–Garcia v. Google, Copyright Society of the U.S.A. Annual Meeting, June 9, 2015; Supreme Court–IP Year in Review, New York State Bar Association IP Section Annual Meeting, February 9, 2015; Calculating Damages in Copyright and Trademark Infringement Cases, Nevada Bar Association, IP Law Conference, November 1, 2013; Litigating a Trademark Dispute: Popular Motion Practice Strategies, Association of the Bar of the City of New York, May 12, 2009; Current Developments in Copyright Law: Termination After Superman & Steinbeck, Association of the Bar of the City of New York, March 12, 2009; Statutory Termination of Transfers, Practising Law Institute's Advanced Seminar on Copyright Law (May 12, 2008).
Counsel leading premium music video and entertainment company on trademark and domain-name matters.
Counsel foundation that owns rights in major works of famous artist on trademark, copyright and right of publicity matters.
Counsel luxury hotels and resorts company on trademark, copyright and right of publicity matters.
Counseled major motion picture studio on issues relating to termination of transfers under the Copyright Act of 1976.