David Lamb

David concentrates his practice on complex litigation involving trademark, copyright, false advertising, unfair competition, and consumer protection/fraud, as well as regulatory and compliance matters before the FTC and FCC.  He also advises clients on issues concerning rights of personality and publicity, sports law, cybersecurity, privacy, cryptocurrency, and video gaming.

David’s litigation experience spans a diverse and wide-ranging set of clients and industries, including consumer goods, television, advertising, sports, and manufacturing. Significant representations include:
 

• Telegram, Inc. in securing a preliminary injunction in a Lanham Act dispute involving cryptocurrency, and successfully defending the preliminary injunction in a Ninth Circuit appeal;
• Peet’s Coffee in securing a favorable settlement related to alleged trade dress infringement and false and misleading advertising practices;
• Dell, Inc. in defending against a copyright infringement suit involving allegedly misappropriated technology;
• O’Reilly Auto Parts in securing a favorable settlement in a Lanham Act and state law unfair competition dispute;
• Halewood Artisanal Spirits in successfully defeating a preliminary injunction motion in a Lanham Act and state false advertising dispute, and negotiating and advising on numerous distribution agreements;
• Anheuser-Busch InBev in numerous advertising matters;
• Estee Lauder in securing the dismissal of a federal consumer class action alleging false advertising and consumer fraud violations;
• Fresh Del Monte Produce Inc. in multiple litigations and arbitrations, including securing a favorable arbitration ruling in an international trademark dispute;
• Celebrity chef Christopher Kimball in successfully defeating a preliminary injunction motion in a trademark dispute; and
• Fujian Jinhua Integrated Circuit Co Ltd in securing an acquittal of criminal trade secret theft charges brought by the U.S. Department of Justice following a seven-week bench trial.

David also writes extensively on legal issues impacting the video game industry, as well as topics including advertising issues, non-fungible tokens, AI, and other major developments in IP law.  In addition, David has a robust pro bono practice, which has included matters relating to artists' rights, asylum, unemployment benefits, and commercial contract disputes.  He works with pro bono organizations including the Transgender Legal Defense & Education Fund, Volunteer Lawyers for the Arts, and Start Small Think Big.

Prior to joining Gish PLLC, David worked for nearly a decade in the Intellectual Property Litigation department of Skadden, Arps, Slate, Meagher & Flom LLP. 

Recognition

CLERKSHIP

• The Honorable Alvin W. Thompson, United States District Court for the District of Connecticut (2013-2014)

PUBLICATIONS

• "FTC Addresses Social Media, Influencers, Consumer Reviews in Proposed Endorsement Guides Amendments," JDSupra (June 3, 2022)
• "Can I mint an NFT with that?:  Avoiding right of publicity and trademark litigation risk in the brave new world of NFTs," Westlaw Today (May 10, 2021)
• "How to Mitigate Copyright Risks of Video Game Streaming," Law360 (December 11, 2019)