With more than 20 years of litigation experience, David Lee focuses his practice on Intellectual Property matters relating to the Internet, software and technology, and the music and hospitality industries. He handles copyright and trademark claims, trade secrets, and Internet domain name disputes. David also provides risk management and general counsel to startups and growing companies involved in intellectual property disputes, risk avoidance analysis, breach of royalty agreements, and contract negotiations and strategies. His clients include technology companies, public entities, manufacturers and business owners.
Having served as lead counsel on numerous legal matters, David has successfully obtained verdicts in both jury and bench trials, and has assisted clients with favorable outcomes in mediation and arbitration. He has also prevailed in appellate court proceedings and has successfully obtained early dismissals of complex cases via motions for summary judgment, motions to dismiss, and demurrers.
Copyright Infringement: A popular game manufacturer retained David to prosecute a copyright infringement action against a counterfeiting ring comprised of local and China-based corporate and individual defendants who sold knock-off products in the United States and abroad. After extensive discovery efforts, David achieved a stipulated judgment against defendants that required payment to the client of the maximum statutory damages allowable under the law for willful copyright infringement, as well as a permanent injunction against the future sale of counterfeit products.
Trademark Infringement: Represented the National Football League Properties, LLP and a local National Football League franchise in multiple trademark infringement and false designation of origin matters against defendants in connection with their unlicensed use of trademarks and sale of merchandise. Through the rapid initiation and prosecution of legal proceedings, clients achieved favorable monetary settlements and consent decrees prohibiting similar future conduct by defendants.
Trade Secret Dispute: David represented a public entity defendant in a multi-million dollar software trade secret dispute brought under the California Uniform Trade Secret Act (CUTSA) and federal Defend Trade Secret Act (DTSA). Through multiple successful motions for summary judgment, all eleven causes of action were dismissed in their entirety, permitting the client, as the prevailing party, to seek recovery of all incurred fees and costs.
Domain Name Dispute: Represented a local world-renowned science and education museum as a plaintiff in a dual trademark infringement action and domain name dispute against a competing science museum. David successfully prevailed in the Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceeding resulting in the forced transfer of defendant’s domain name to client, and thereafter resolved the federal infringement action with defendant’s complete relinquishment of all offending use of client’s trademarks.
Software Service Agreements: David represented an emerging software company in negotiations with a global media and entertainment corporation in connection with a valuable business services agreement. Throughout the negotiations, David protected his client’s software development and intellectual property rights resulting in a mutually beneficial transaction.
Breach of Contract Defense: Represented a major computer memory retailer in an action alleging breach of contract through the sale of allegedly defective hardware products installed in a global Internet search engine company’s technical infrastructure. David successfully resolved the action in mediation for a fraction of the claimed damages initially sought by the plaintiff.
Breach of Contract: David represented a prolific rock band in an action against its record label for breach of contract concerning royalty payments. Against potential claims of expired limitations periods, David attacked the viability of the underlying recording agreements, and ultimately forced defendant to pay all outstanding royalties to client.
Breach of Contract: Represented a large, local, public port in the defense of a $300 million claim brought by a national terminal operator alleging numerous violations, including several against California’s Tidelands Trust Act.
- 05.01.2018 | Daily Journal
- 11.02.2016 | Hotel News Now
- 02.10.2016 | Hotel News Now
- 08.2015 | Without Prejudice
- 07.06.2015 | Law360
- 01.21.2015 | HL Converge
- 12.05.2014 | HL Converge
- Nossaman's 2017 Public Pensions & Investments Fiduciaries' Forum11.30.2017
- Nossaman & University of California, Irvine's 2017 Cybersecurity Symposium10.23.2017
- 27th Annual Association of California Insurance Companies' General Counsel Seminar07.27.2016
- Independent Insurance Agents & Brokers of California Blue Ribbon Conference05.03.2016
- 2016 InnSpire Conference & Trade Show02.02.2016
- Hotel Council of San Francisco05.28.2015
- Asian American Hotel Owners Association's 2015 Annual Convention & Trade Show04.23.2015
- California Hotel & Lodging Association08.21.2014
Honors & Recognitions
Selected to the Super Lawyers List for 2012-2018