David K. Friedland

 


 


David K. Friedland
DKF@friedlandvining.com


iplawyers-1David brings a vast range of legal experiences to Friedland Vining, where his practice encompasses all aspects of intellectual property, including domestic and international acquisition and enforcement pertaining to trademarks, patents, copyrights, trade secrets, and related rights. Over the years, David’s practice has evolved to encompass the challenging new spectrum of intellectual property issues presented by the Internet, especially as they relate to the enforcement of clients’ rights in jurisdictions that were once unreachable but today are accessible via the click of a mouse. Today, with over 20 years of experience, David’s practice is suited for counseling clients of all sizes, from start-up entrepreneurs to Fortune 100 companies.

David has published several intellectual property-related articles on topics ranging from the patentability of computer software to gray-market goods, and he has also presented lectures on intellectual property-related topics to a variety of audiences. David is actively involved in key industry associations. He is currently the Chair of the Third-Party Liability Working Group of the Internet Task Force for the International Anti-Counterfeiting Coalition (IACC) and past Chair of the Americas Subcommittee of the Anti-Counterfeiting and Enforcement Committee for the International Trademark Association (INTA) and a past member of the INTA Editorial Board of The Trademark Reporter. David currently chairs the Profiles Subcommittee of the Trademark Mediators Network of INTA, a group of certified mediators in the field of trademark law.

David earned his B.S. in Engineering (Computer and Information Sciences) and his J.D. from the University of Florida, where he was a member of the Student Honor Court and an Associate Editor of the Florida Law Review. David was admitted to both the State Bar of Georgia and The Florida Bar in 1989 and he is registered to practice as a patent attorney before the United States Patent & Trademark Office. He is a Florida Bar-certified Intellectual Property attorney and has been appointed as a Special Master before both the District Court and Bankruptcy Court of the Southern District of Florida.

David is conversant in Spanish.

Education:

University of Florida College of Law, J.D., 1988
University of Florida College of Engineering B.S. in Engineering (Computer and Information Sciences),1985

 

Bar Admissions:

Florida, 1989
Georgia, 1989
U.S. Patent & Trademark Office (registered patent attorney), 1991
Court of Appeals, Federal Circuit, 1990
Court of Appeals, Eleventh Circuit, 1998
Court of Appeals, First Circuit, 2008
Court of Appeals, Ninth Circuit, 2011
U.S. District Court, Northern District of Georgia, 1989
U.S. District Court, Southern District of Florida, 1991
U.S. District Court, Middle District of Florida, 1995
U.S. District Court, Northern District of Florida, 2005
U.S. District Court, District of Colorado, 2006

 

Professional Affiliations:

  • Adjunct professor, University of Florida College of Law, August 1999-2004
  • Federal Circuit Bar Association, 1990-present
  • American Bar Association, 1986-2002; 2009-present; Member, Intellectual Property Law Section; Member, Section of Dispute Resolution
  • The Florida Bar: Member, Business Law Section, Intellectual Property Law Committee; Entertainment, Arts, and Sports Law Section; Alternative Dispute Resolution Section
  • International Trademark Association (INTA): Member, Panel of Neutrals (Certified Mediator), 2006-present; previous member of Editorial Board, The Trademark Reporter, 1996-2001; Anti-Counterfeiting and Enforcement Committee, 1998-2001; Chairman, Americas Subcommittee, 2000-2001; Member, Alternative Dispute Resolution Committee (ADR), 2010-2011
  • International Anti-Counterfeiting Coalition, 1995-present; Chair, Third-Party Liability Working Group of Internet Task Force, 2010-present
  • Intellectual Property Law Association of South Florida, 1991-present
  • Dade County Bar Association, 1991-present

 

Honors, Appointments, & Recognitions:

Special Master, Nissim Corp. v. Clearplay, Inc., Case No. 04-CV-21140, Southern District of Florida; Appointed by U.S. District Judge Paul C. Huck

Special Patent Counsel, In Re: Haverfield Corporation, Case No. 97-19405-BKC-AJC, Southern District of Florida; Appointed by Chief Bankruptcy Judge A. Jay Cristol on May 7, 1998 to assist the debtor on patent issues involving the bankrupt corporation

Peer Review Rating of AV® by Martindale Hubbell

Florida SuperLawyers since 2007

Florida Trend’s “Florida Legal Elite” since 2006

South Florida Legal Guide “Top Lawyers in South Florida” since 2006

The Best Lawyers in America® since 2004

Florida-Bar Certified Intellectual Property Attorney, 2010 to present.

 

Reported Decisions:

In re Bass, 314 F.3d 575 (Fed. Cir. 2002) 
Phonometrics, Inc. v. Hospitality Franchise Sys., 203 F.3d 790 (Fed. Cir. 2000) 
Slimfold Mfg. Co. v. Kinkead Indus., 932 F.2d 1453 (Fed. Cir. 1991) 
Health Sci. Distribs., Co. v. Usher-Sparks, 2011 U.S. Dist. LEXIS 122754 (M.D. Fla. Oct. 3, 2011) 
Morrison Mgmt. Specialists v. LVDC, Inc., 2011 U.S. Dist. LEXIS 63000 (M.D. Fla. June 15, 2011) 
Adidas Am., Inc. v. Calmese, 2011 U.S. Dist. LEXIS 51715 (D. Or. May 12, 2011) 
W. Brand Bobosky v. Adidas AG, 2010 U.S. Dist. LEXIS 51490 (E.D. Tex. May 24, 2010) 
Adidas AG v. Berrios, 2010 U.S. Dist. LEXIS 16511 (M.D. Fla. Feb. 4, 2010)
Adidas Am., Inc. v. Calmese, 662 F. Supp. 2d 1294 (D. Or. 2009)
Nissim Corp. v. Clearplay, Inc., 2009 U.S. Dist. LEXIS 129743 (S.D. Fla. Mar. 31, 2009)
Ji v. Bose Corp., 2008 U.S. Dist. LEXIS 72786 (D. Mass. June 19, 2008)
Miami Breakers Soccer Club, Inc. v. Women’s United Soccer Ass’n, 2001 U.S. Dist. LEXIS 6891 (S.D. Apr. 27, 2001)
Michael Caruso & Co., Inc. v. Estefan Enterprises, Inc., 994 F. Supp. 1454 (S.D. Fla. 1998) 
Popular Bank v. Banco Popular, 1998 U.S. Dist. LEXIS 9718 (S.D. Fla. Feb. 2, 1998)
In re China Grill, Inc., 1999 TTAB LEXIS 358 (TTAB August 11, 1998)
adidas AG and adidas America, Inc. v. Texas International Property Associates, FA1005001322490 (Nat. Arb. Forum May 10, 2010)
adidas AG and adidas America, Inc. v. Taranga Services Pty Ltd c/o Domain Admin, FA1006001329851 (Nat. Arb. Forum July 15, 2010) 
adidas AG and adidas America, Inc. v. Toshi Amori, FA1006001329852 (Nat. Arb. Forum July 21, 2010) 
adidas AG and adidas America, Inc. v. Jingjia Zhang, FA1007001336302 (Nat. Arb. Forum August 26, 2010) 
adidas AG and adidas America, Inc. v. Adige Wang, FA1007001336305 (Nat. Arb. Forum August 27, 2010)

Taylor Made Golf Company, Inc. v. David Walker, FA1007001336305 (Nat. Arb. Forum December 3, 2010)

 

Recent Publications and Presentations:

Roundtable Moderator, “Global Trademark Clearance and Protection Issues,” International Trademark Association, July 17, 2012, South Miami, Florida.

Panelist, “Elephants, Donkeys & Talking Heads – Intellectual Property and Political Campaigns,” Florida Bar Media Law Conference, June 22, 2012, Orlando, Florida.

Speaker, “Anti-Counterfeiting, Customs, & Seizures”, International Trademark Roundtable, September 2010, Miami, Florida.

Speaker, “Seize the Opportunity! A Conversation on Anti-Counterfeiting,” Dade County Bar Association, July 27, 2010, Coral Gables, Florida.

Moderator, “Fraud on the Trademark Office,” International Anti-Counterfeiting Coalition, May 2010, Boston, Massachusetts.

Speaker, “Fraud on the Trademark Office”, International Trademark Association Roundtable, June 2009, Miami, Florida

Speaker, International Trademark Association Trade Dress Forum, New York, 2004.

Speaker, “Judicial and Statutory Preemption of State Law Claims in the Copyright Arena,” October 7, 1994, The Florida Bar

Author, “Trademark Law: The Wacky World of Grey Market Goods: Untangling The Knot The Customs Regulations Tie Around Section 526 of the Tariff Act,” 40 Fla.L.Rev. 433 (1988)

Author, “Computer Software Patentability: The Dilemma of Defining an Algorithm,” 2 Software L.J. 537 (1988)