David Jacoby
Partner
David Jacoby has tried or argued cases in state and federal trial and appellate courts, in private arbitrations and at the Iran-U.S. Claims Tribunal at The Hague.
His intellectual property-related work has included matters in the haute couture, motion picture, financial and software industries involving trademarks, anti-counterfeiting, copyrights, trade secrets and contract rights.
His general litigation practice has involved:
- Telecommunications issues,
- Insurance coverage issues
- Trusts and estates disputes
- Defamation claims
- Matters involving art galleries, limited partnerships and real estate
Experience
- Gianni Versace S.p.A. v. Alfredo Versace, 87 F. Supp.2d 281 (S.D.N.Y. 2000) (finding of contempt in trademark infringement case based on use of Internet) and 2005 U.S. Dist. LEXIS 925 (January 21, 2005) (granting permanent injunction)
- Commander Oil Corp. v. Barlo Equipment Corp., 215 F.3d 321 (2d Cir.), cert. denied, 531 U.S. 979 (2000) (novel issue related to lessee liability under federal Superfund statute)
- McGuire v. Switzer, 734 F. Supp. 99 (S.D.N.Y. 1990) (sustaining certain claims over failure of state Office of Vocational Rehabilitation tuition reimbursement caps to comply with federal requirement of individualized written rehabilitation plan)
- ITC Entertainment, Ltd. v. Menke, 714 F.2d 217 (2d Cir. 1983) (meaning of non-domiciliary for purposes of CPLR Section 6201(1) attachment)
Publications
His articles have appeared in treatises and The National Law Journal, International Legal Practitioner, and The Insurance Advocate, among other periodicals.
He has been quoted on legal topics in Women's Wear Daily and various general circulation newspapers.
"Fashion and Copying: Imitation is not the Sincerest Form of Flattery," (Co-Author) Convergence (July 2008)
"Mediation on Disputes in Long-Term Relationships," Mediation Committee Newsletter, International Bar Association Legal Practice Division (December 2006)
"Dispute Resolution Clauses: A Practical Approach," Newsletter of the Litigation Committee of the Legal Practice Division of the International Bar Association, International Bar Association (April 2006)
Speeches and Presentations
Mr. Jacoby has lectured and written on intellectual property, litigation, insurance, freedom of information law, Internet and other topics in the United States and abroad, including at the International Bar Association and the American Bar Association.
"Ignore it at Your Peril: The New Lead Laws," program by Schiff Hardin, the Accessories Council, and the Fashion Jewelry Trade Association, New York (September 11, 2008)
"Law 101: Intellectual Property," Accessories Council, New York (June 27, 2006)
"Image Rights, Rights of Privacy — Opportunities and Limitation: A Legal Overview from a United States Perspective," Program by the Copyright and Entertainment Law Committee and the Arts, Cultural Institutions and Heritage Law Committee at the International Bar Association Conference, Prague (September 28, 2005)
"War of the Worlds: Seeking Legal Protection for the Artistic and the Commercial Interests in Fashion," Intellectual Property Law Society, Benjamin N. Cardozo School of Law, Yeshiva University, New York (March 31, 2003)
Awards and Honors
David Rockefeller Fellow
AV Peer Review Rated, Martindale-Hubbell
Education
Columbia University Law School
(J.D.,
1978)
Board of Editors, Columbia Law Review
Harlan Fiske Stone Scholar
Princeton University
(A.B., cum laude,
1975)
Clerkships
Honorable William H. Timbers, U.S. Court of Appeals, Second Circuit (1978-1979)
Professional Memberships
International Bar Association
Past Senior Vice Chair, Litigation Committee
New York State Bar Association
Past Member, House of Delegates
Association of the Bar of the City of New York
Past Chair, Committee on Transportation
Federal Bar Council
Horace Mann Alumni Council
President Emeritus
