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David A. Einhorn

David Einhorn handles diverse matters in intellectual property and technology areas involving patents, trademarks, service marks, trade dress, copyrights and domain names.

Mr. Einhorn frequently litigates before the federal courts, the Trademark Trial and Appeal Board and the Board of Patent Appeals and Interferences. He also drafts and negotiates intellectual property license agreements in various fields of technology and the arts. He has obtained successes in many prominent and precedent-setting cases in the fields of patent infringement, trademark infringement, copyright infringement, cybersquatting, trade name misappropriation and insurance coverage. Mr. Einhorn’s clients include companies in the commercial real estate, software, entertainment, pet toy, jewelry, electrical, chemical and green technology industries.

Mr. Einhorn serves as a representative of the American Bar Association to the Intellectual Property Constituency of ICANN. He also serves as Chairman of the American Intellectual Property Law Association Subcommittee on Software Copyrights and as a Co-Vice-Chair of the Intellectual Property Owners Association Internet Domain Names Committee. Mr. Einhorn has chaired the ABA Committee on Broadcasting, Sound Recordings, and Performing Artists, among many other ABA committees. He is also a member of the Board of Trustees of The Chemists Club.

Mr. Einhorn frequently serves as an arbitrator for the National Arbitration Forum with respect to domain name cases and he lectures periodically on licensing and domain name issues.

Mr. Einhorn’s publications include:

• “Patent Licensing Transactions” (2-volume treatise) (co-author)
• “The Copyrightability of Perfumes: I Smell A Symphony,” Intellectual Property Today (April 2010) (co-author)
• “TTAB Implements Rule Change,” American Bar Association’s ENews, (October 2007) (co-author)
• “Federal Circuit Announces the End of the Adverse Interference Doctrine,” U.S. Intellectual Property Law Advisor (Autumn 2004) (with Heidi M. Struse)
• “Federal Appeals Court Broadens in Rem Jurisdiction for Domain Name Actions,” U.S. Intellectual Property Law Advisor (Spring 2003)
• “Intellectual Property Lawyers Must ‘Think Insurance,’” Mealey’s Litigation Report – Intellectual Property (1997) (co-author)
• “Box-Top Licenses and the Battle-of-the-Forms,” Software Law Journal (1992)
• “Copyright and Patent Protection for Computer Software: Are They Mutually Exclusive?,” Software Protection (1991) and published in Idea, The Journal of Law and Technology (1990)
• “The Scope of Computer Software Copyrights,” ASCAP Copyright Law Symposium (1988)

Mr. Einhorn has served as the producing director of the theater company, Untitled Theater Co. #61, Ltd. He is also a lieutenant colonel in the Judge Advocate General Corps, New York Guard, Army Division.

Mr. Einhorn has been given the top rating of “AV” by his peers as listed in Martindale-Hubbel.