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Attorney Profile

David J. Shannon

Shareholder
Chair, Technology, Media & Intellectual Property; Co-Chair Privacy and Data Security
1845 Walnut Street
Philadelphia, PA 19103
(215) 575-2615
(215) 575-0856 - Fax
djshannon@mdwcg.com

David serves as the chair of the Technology, Media and Intellectual Property Practice Group and is the co-chair of the Privacy and Data Security Practice Group. Here, David concentrates a substantial portion of his practice in matters regarding intellectual property, copyright infringement, trademark, trade secret, privacy law, data breaches, technology litigation, trade dress litigation and media related litigation. David is experienced defending intellectual property cases venued throughout the United States, and has been litigating copyright and trademark injunction cases in federal and state courts since 1994.

Additionally, David represents design professionals in a variety of construction industry related claims.  He has extensive experience in representing architects, engineers, surveyors, land developers, commercial property owners, general contractors, subcontractors and commercial landscapers.  David has defended his clients in cases that involved claims for design errors and omissions and other contractual and negligence claims.

David's experience is not limited to the defense of intellectual property and construction claims, but also includes the litigation of real estate, products liability, medical and legal malpractice, insurance bad faith, personal injury, and premises liability matters. Over the past ten years, David has tried a number of bench trials, jury trials, and arbitrations.

In 1990 David received his B.A. in political science from Denison University. He then attended Widener University School of Law and received his J.D. in 1994. His legal experience includes working for a boutique civil litigation firm in the intellectual property and e-commerce group.

Significant Representative Matters

  • Successfully resolved several copyright infringement claims by an international music recording association against various entertainment venues in the Northeast United States.

  • Obtained a complete dismissal of all claims against a website developer on the first day of trial in a matter where plaintiff alleged significant lost profits after a new customer ordering platform was installed for plaintiff's website.

  •  Successfully resolved a significant copyright infringement claim by the heirs of a famous European author against a United States Theater where plaintiff attempted to enjoin national theater production and claim past and future profits.

  • Defeated vicarious liability claims for trademark infringement by luxury handbag manufacturer against the owner of a large retail shopping center.  All claims were dismissed after a summary judgment motion was filed.

  • Obtained voluntary dismissal of trade secret and theft of confidential information matter where the initial demand was over $300,000 by demonstrating that no trade secrets existed in the plaintiff's manufacturing process.

  • Successfully obtained summary judgment in an architectural copyright infringement action by demonstrating that client did not infringe on the plaintiff's drawings for a country club.

  • Successfully obtained a voluntary dismissal of a claim for engineering professional negligence after filing summary judgment motion that demonstrated plaintiff's claims in an artificial turf project had no merit.

  • Represented international software companies in numerous copyright and trademark infringement actions that have generated more than $3 million in settlement.

  • Successfully defended international chemical company in temporary and permanent injunction hearings regarding stolen trade secrets and hiring of former plant manager. 

  • Represented international sporting goods company in several multimillion dollar copyright and trademark infringement actions. 

  • Obtained permanent injunction for international fashion design company in counterfeit action. 

  • Defended bobble head manufacturing company in multi million dollar copyright and trademark infringement action. 

Areas of Practice

Published Works

  • "In A Copyright Infringement Action, a Secondarily Liable Defendant Is Only Responsible For One Statutory Damage Award," Pennsylvania Bar Association Intellectual Property Newsletter, 2011

  • "Starbucks v. Charbucks: Substantial Similarity Is Not Required To Prove Dilution By Blurring," Intellectual Property Law Newsletter, Pennsylvania Bar Association, Summer, 2010

  • "Splenda Not 'Equal' To Real Sugar In Lanham Act False Advertising Suit," Co-Author, New Jersey Law Journal, 2008

  • "2004, Comic Book Characters 'Spawn' Important Copyright Decisions," Pennsylvania Bar Association Intellectual Property Law Newsletter, 2004

  • "Defense to the Inevitable Disclosure Doctrine," the Legal Intelligencer, 2004

  • "Streaming Video 'Trailers' on the Internet Violate Motion Picture Copyright," Co-Author, Pennsylvania Bar Association IP Law Newsletter, 2004 

  • "Species of Mutant Copyright Law Not Viable," Pennsylvania Bar Association IP Law Newsletter, 2003 

  • "Top 10 Issues for the E-Commerce Practitioner," Co-Author, The Legal Intelligencer, 2003 

  • "Proof of Bad Faith Required in Anti-Cybersquatting In Rem Actions," The Legal Intelligencer, 2002

  • "Federal Court Rules ACPA Protects Foreign Trademarks," Pennsylvania Bar Association IP Law Newsletter, 2002 

Representative Cases

  • Luszczynski v. Bradley, 729 A.2d 83 (Superior 1999) 

  • Gianacopoulos v. Glen Oak Country Club, 2007 U.S. Dist. LEXIS 7710 (M.D. Pa. 2007)  

Classes/Seminars Taught

  • National Business Institute - Instructor, Construction Law Fundamentals, Managing Project Risk, 2008 

  • Course Planner and Instructor, Safeguarding Proprietary Information in Pennsylvania, National Business Institute, 2005 

  • Course Planner, Intellectual Property Law for the General Practitioner, Pennsylvania Bar Association Annual Meeting, 2004 

Education

  • Widener University School of Law, Wilmington, Delaware, 1994 J.D.

    Honors: Moot Court Honor Society
    Honors: American Jurisprudence Award, Constitutional Law 

  • Denison University, 1990 B.A.

    Major:  Political Science 

Law Alerts • April 1, 2011
On January 1, 2011, California SD 972 became effective. The law reduces a design professional's liability when entering into contracts with public agencies. Under the previous law, construction design professionals were under a "duty to..., Case Law Alert - 2nd Qtr 2011
Read More >>
Articles • June 1, 2010
Intellectual Property Law Newsletter, Summer 2010
Read More >>
Law Alerts • April 1, 2010
The Massachusetts state court recently held that a plaintiff claiming design negligence for the placement of a fence post around a softball diamond could not defeat the defendant's, the architect, Motion for Summary Judgment. The court specifically..., Case Law Alert - 2nd Qtr 2010
Read More >>

Areas of Practice

Education

  • Denison University (B.A., 1990)
  • Widener University School of Law (J.D., 1994)

Bar Admissions

  • Pennsylvania, 1994
  • New Jersey, 1994
  • U.S. Court of Appeals 3rd Circuit, 1998
  • U.S District Court Eastern District of Pennsylvania, 1998
  • U.S District Court of New Jersey, 2000
  • U.S. District Court Middle District of Pennsylvania, 2006

Associations & Memberships

  • Brehon Law Society
  • Copyright Society
  • Pennsylvania Bar Association, IP Law Section, Past Chair
  • Philadelphia Bar Association

Honors & Awards

  • Pennsylvania Super Lawyer Rising Star, 2005

Year Joined Organization: 2005


Fraternities/Sororities

  • Phi Delta Theta
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