David B. Sunshine

Member

David counsels clients in all aspects of intellectual property law. He focuses his practice on patent, trademark, and copyright litigation, anti-counterfeiting enforcement, proceedings before the Trademark Trial and Appeal Board, domain name disputes, U.S. and international trademark prosecution, and copyright registration and practice.

David also regularly counsels hedge funds and other institutional investors who have a stake or are considering acquiring a stake in companies involved in IP and other technology litigation. Specifically, he monitors and analyzes litigation on behalf of hedge fund clients and provides advice on potential risk and likely outcomes. As a result of his experience advising hedge funds, David is regularly quoted in the press. In addition, David represents companies in the NFT and cryptocurrency space.

David also represents a formidable list of domestic and multinational clients in a variety of industries, including apparel, luxury consumer and designer goods, jewelry, food and beverage, consumer products, consumer electronics, publishing and media, health care, e-commerce, telecommunications, publishing, and sports, among others. On behalf of several major luxury brands, David develops and implements comprehensive worldwide anti-counterfeiting enforcement strategies. As a result of those strategies, he has succeeded in shutting down scores of counterfeit operations around the world. He also has transactional experience relating to intellectual property issues in the context of mergers and acquisitions and venture capital. He has been involved in drafting and negotiating license agreements as well as other agreements involving intellectual property interests.

He earned his undergraduate degree from Washington University in St. Louis and his law degree from the Benjamin N. Cardozo School of Law, where he served as the acquisitions editor of the Cardozo Arts & Entertainment Law Journal

Experience

News

Investindustrial’s Agreement to Purchase Majority Stake of Eataly S.p.A

October 17, 2022

Cozen O’Connor served as U.S. and Canadian counsel in Investindustrial’s acquisition of a majority stake in Eataly S.p.A., the global chain of upscale Italian marketplaces. A team led by M&A attorney and Italy Practice chair Christian Moretti conducted significant due diligence of more than 20 Eataly businesses in the United States and Canada, in collaboration with Deloitte Legal Italy and Studio Legale Chiomenti. For nearly two decades, Eataly has been operating high-quality Italian food markets and restaurant concepts in prestigious locations across the globe, including flagship stores in New York, Chicago, Los Angeles, Boston, Dallas, and Silicon Valley.

Litigation in the Metaverse: Is IP Fit for Purpose?

June 07, 2022

David Sunshine was quoted in World IP Review discussing how intellectual property impacts the metaverse.

YouTube’s ‘Checks’ copyright system: what lawyers think

April 09, 2021

David Sunshine was quoted in World IP Review discussing YouTube's new ‘Checks’ system.

David Sunshine Discusses Raid on Counterfeit Goods

February 09, 2015

In an article titled "Q&A: Minus the flak jacket, attorney joins raid on fake goods," David Sunshine, member of Cozen O'Connor's Intellectual Property Department, discusses a U.S. Customs and Border Protection raid that he participated in on behalf of one of his clients.

David Sunshine Discusses U.S. Supreme Court Case With Law360

January 26, 2015

In an article titled "Lawyers Weigh In On High Court Trademark Tacking Ruling," David Sunshine, a member of Cozen O'Connor's Intellectual Property Department, comments on the U.S. Supreme Court ruling in the Hana Financial Inc. v. Hana Bank case.

Publications

Fifty Shades of Copyright [Intellectual Property Magazine]

May 13, 2013

David B Sunshine and J Trevor Cloak explain what fan fiction authors need to know about copyright protection.

Summer 2012 [Business Law Observer]

July 01, 2012

This issue of the Business Law Observer covers several areas of business activity, anticipating problems, and how to deal with them before they become insurmountable, including: Venture Capital, Intellectual Property, Governmental Risks, China Practice and Public and Project Finance.

Events & Seminars

Past Events

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, J.D., 2000
  • Washington University in St. Louis, B.A., 1997
  • New Jersey
  • New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Southern District of New York