David Hosp is a partner in the firm’s Litigation Department and a member of its Intellectual Property Group. His practice focuses on copyright, trademark, trade secret, media, false advertising and licensing disputes. Mr. Hosp has handled numerous lawsuits in federal and state courts nationwide. He also has significant experience practicing before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board, the World Intellectual Property Organization’s arbitration board and the National Advertising Division of the Better Business Bureau. In addition, Mr. Hosp works closely with the firm’s Intellectual Property and Private Equity Practices, helping to counsel clients on general corporate matters involving intellectual property and the Internet.
WORK FOR CLIENTS
Mr. Hosp recently served as lead trial counsel for Triumph Learning in a matter that was tried to successful verdict before the Trademark Trial and Appeal Board. He was lead trial counsel for The New York Times and The Boston Globe in first impression copyright and trademark litigation regarding fair use and news aggregation on the World Wide Web, and he represents one of the world’s largest athletic shoe manufacturers in multiple national consumer class action lawsuits pending in federal and state courts. Other recent matters include:
- Representing Houghton Mifflin Harcourt and The Learning Company in successfully obtaining a temporary restraining order and preliminary injunction against Zynga with respect to the iconic mark OREGON TRAIL for computer games.
- Representing the Boston Public Library with respect to its project to digitize and make available library collection on the Internet.
- Representing Explorica, a leader in educational travel services, in a trademark matter successfully tried to jury verdict.
- Representing Warrior Sports in trade dress matters regarding lacrosse helmet designs.
- Representing Euro-Pro, makers of SHARK branded cleaning appliances, in both prosecution and defense of false advertising claims.
Mr. Hosp’s past work includes:
- Representing Recorded Books, the world’s largest independent publisher of audiobooks, in copyright litigation that established new law with respect to the extension of copyright protection to audiobooks.
- Representing Cablevision, one of the country’s leading telecommunications, media and entertainment companies, at trial in connection with first impression copyright litigation filed by the Motion Picture Association and the major television networks.
- Representing Carroll Shelby and Shelby American, the designer of the world-famous Shelby Cobra, Shelby Daytona Coupe and Ford Shelby Mustang, in connection with trademark litigation and intellectual property matters.
- Representing Hamid Karzai, the President of the Republic of Afghanistan, in connection with publishing matters.
- Representing Erick van Egeraat Associated Architects, one of Europe’s most high profile architects, with respect to copyright and trademark litigation involving designs for the Capital City Complex in downtown Moscow.
- Representing numerous financial institutions, including RBS America, Citizens Financial Group, EverBank and JP Morgan Chase, in connection with trademark and advertising litigation.
PROFESSIONAL ACTIVITIES
Mr. Hosp is a member of the International Trademark Association, and the Internet and Trademark Sections of the American Intellectual Property Law Association.
MEDIA
Mr. Hosp presents frequently on matters of copyright, trademark and media law. He has lectured at Harvard Law School and Boston College Law School, and was a panelist at Harvard’s Berkman Center’s Symposium: Journalism’s Digital Transition in 2010. He is the co-author of the Media Law Resource Center’s Massachusetts Libel Law Survey for 2008, 2009 and 2010. He is the co-author of “What’s Fair in Love and War: Copyright, Fair Use and News Aggregation on the Web” (MLCR Media Law Letter, April 2009), and the author of a chapter titled “Weighing The Risks: A Practical Guide To Comparative Advertising” in the practice manual Advertising and Marketing Litigation Best Practices (Aspatore Books, 2007). He has been a faculty lecturer at the Massachusetts Continuing Legal Education’s Intellectual Property Conferences, and has co-authored a chapter of the course materials entitled “Life After ICANN and the Anticybersquatting Act: Defining ‘Bad Faith’ in Cyberspace.” Mr. Hosp also co-presented a program entitled “Linking, Liability and the World Wide Web” to the Boston Bar Association in February 2000 and lectured and presented materials at the Boston Bar Association’s “Intellectual Property, Year 2000 in Review” program.
In addition, Mr. Hosp is the author of “Anticybersquatting Provisions Signed Into Law” in the Goodwin Procter E-Commerce Alert (December 1999) and the co-author of two articles published in The Metropolitan Corporate Counsel: “Trademark Plaintiffs Must Promptly Seek to Enjoin Infringers” (September 1995) and “Privilege Afforded Inside Counsel Communications Limited” (March 1996).
PROFESSIONAL EXPERIENCE
Prior to joining Goodwin Procter, Mr. Hosp was an associate in the Litigation Department at Winthrop, Stimson, Putnam & Roberts in New York, where his practice included intellectual property, general business and securities litigation.
BAR AND COURT ADMISSIONS
Mr. Hosp is admitted to practice in Massachusetts and New York, and before the U.S. District Court for the District of Massachusetts; the U.S. District Court for the Southern and Eastern Districts of New York; the U.S. District Court for the Eastern and Western Districts of Michigan; and the U.S. Court of Appeals for the First, Second, Third, Sixth and Federal Circuits. He has also practiced in numerous state and federal court around the country on a pro hac basis.
RECOGNITION
Both The World Trademark Review WTR1000 and The Legal 500, two peer and client surveyed listings, identified Mr. Hosp as a leading intellectual property litigator in 2011. The WTR1000 recognized Goodwin’s Trademark Practice “first class” and characterized Mr. Hosp’s litigation work as “incredibly impressive.” The Legal 500 praises Mr. Hosp for being “smart, creative, and anticipat[ing] everything.” He has been selected as a Rising Star in multiple editions of Massachusetts Super Lawyers. While at George Washington University Law Center, Mr. Hosp was a member of the George Washington University Law Review.
Mr. Hosp is the bestselling author of the novels Next of Kin (Macmillan 2011), Among Thieves (Grand Central, 2010), Innocence (Grand Central, 2007), The Betrayed (Warner Books, 2006) and Dark Harbor (Warner Books, 2005).