David L. May

My focus

Brands and Creations

I counsel clients to mitigate their risks and maximize the value of their global IP in a wide range of industries including sports, media and entertainment, fashion, computer software, financial services, medicine and biotechnology. My work includes all aspects of intellectual property counsel and enforcement—from selecting, clearing and registering trademarks and copyrights to enforcing and defending rights.

My clients know me best for understanding the intricacies of their businesses and developing unique and cost-effective solutions to complex problems.

Patents

I am a registered patent attorney with years of experience in drafting and prosecuting patent applications in technologies ranging from sports to biotechnology. My experience as a patent attorney allows me to understand and advise clients on all aspects of intellectual property, thereby developing comprehensive and cost-effective solutions.

Intellectual Property Enforcement

An important aspect of developing and maintaining IP assets is ensuring that the exclusivity provided in established rights are maintained and not misappropriated. I routinely represent clients in enforcing and defending their IP rights in proceedings, including appearances in numerous U.S. federal courts, and before the U.S. Trademark Trial and Appeal Board and World Intellectual Property Organization. I have an established record of successfully resolving matters to my clients’ satisfaction.

Representative experience

• Represented video game developers and publishers Stardock Entertainment and Valve Corporation in a trademark and copyright infringement dispute involving Star Control: Origins, an action-adventure video game. The matter settled. Stardock Systems, Inc. v. Paul Reiche III, et al. (N.D. Calif.)
• Successfully employed a First Amendment defense to secure a victory on behalf of Ironclad Games and Stardock Entertainment in a trademark infringement matter related to the “Rebellion” mark. Rebellion Developments Limited et al. v. Stardock Entertainment, Inc., et al. (E.D. Mich.)
• Manage the worldwide trademark portfolio of Bandai Namco Entertainment Inc., one of America’s top-ten largest video game companies, which created Pac-Man, Tekken, Dragonball and other familiar video game titles.
• Manage the trademark portfolio of UnitedMasters, which provides premium music distribution services and facilitates unique partnerships between artists and the world’s biggest brands.
• Represented Pushpay IP Limited, a company that develops mobile application programs to assist organizations with financial payment transactions, in a trademark infringement matter related to the marks “Push Pay” and “Push Payments,” as well as the Push Payments logo. The case settled. Pushpay IP Limited v. Pushpay, Inc. (S.D. Fla.)
• Represented Hästens Sängar, a Swedish manufacturer specializing in luxury beds, bedlinen, pillows and lifestyle accessories, in a trademark infringement matter related to the design and pattern of a mattress. The case settled. Hästens Sängar AB v. E.S. Kluft & Company, Inc., et al. (N.D. Cal.)
• Represented St Andrews Links in a trademark infringement matter related to the selling and distribution of goods and services in connection with the “St Andrews” mark for profit without authorization. The case was dismissed. St Andrews Links Limited v. DSA Golf LP (N.D.Cal.)

Looking ahead

Intellectual property owners are constantly having to properly identify and protect their assets against misappropriation and counterfeiting. In today’s global economy it will be more important than ever for companies to understand the nuances and differences in laws from one jurisdiction to another to suitably develop and commercialize their portfolios.