David Lamb

• 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.

Clerkship

• The Honorable Alvin W. Thompson, 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)