David C. Spellman
Shareholder
spellmand@lanepowell.com
206.223.7392
Representative Experience in Intellectual Property and Technology
Winning a summary judgment dismissal of copyright, trade secret and preempted state law claims in a decision addressing untested issues regarding copyright protection for useful designs. Enters. Int’l Inc. v. Int’l Knife & Saw, Inc., No. C12-5638 BHS, 2014 U.S. Dist. LEXIS 101375, Copy. L. Rep. (CCH) ¶ 30,641 (W.D. Wash. July 24, 2014), recons. denied, 2014 U.S. Dist. LEXIS 124221 (W.D. Wash. Sept. 4, 2014).
Defeating a defamation suit with a pre-answer dismissal motion under the anti-strategic lawsuits against public participation (anti-SLAPP) statute (2014).
Representing an inventor who received a prelitigation settlement of professional negligence claims involving a patent suit (2013).
Defeating a preliminary injunction motion seeking to bar the transfer of patent rights and the completion of a share
purchase by an offshore company. Benson v. VSIM Patent Co., No. 12-01161 (E.D. Va. March 1, 2013).
Defeating two injunction motions brought by former employer against financial advisor with client base of over
$450 million. Edward D. Jones & Co. v. Mark Anderson, No. 12-2-34362 (King Cnty. 2012).
Defeating on summary judgment copyright infringement claims for traffic safety diagrams and text and winning on
appeal. Evergreen Safety Council v. RSA Network, Inc., 2011 U.S. Dist. LEXIS 64261 (W.D. Wash. June 17, 2011)
aff’d 697 F.3d 1221, 104 U.S.P.Q.2D (BNA) 1380, Copy. L. Rep. (CCH) ¶ 30,333 (9th Cir. 2012).
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Defeating summary judgment dismissal of claims for trademark infringement, unfair competition, anti-dilution, and for the violation of anti-cybersquatting consumer protection act and Washington consumer protection act regarding registration and use of domain name. Compana LLC v. Aetna, Inc., No. C05-0277L, 2006 WL 829111 (W.D. Wash. Mar. 27, 2006).
Resolving trademark claims between two national companies in the food industry.
Resolving a $30 million claim against a multinational company over the development, commercialization, and supply
of a new line of health and functional food products.
Winning an arbitration award and judgment for copyright infringement for architectural works against a leading
manufacturer of homes.
Winning a jury verdict for willful infringement of trademark for a local manufacturer against a national medical
products distributor.
Winning a preliminary injunction for a local restaurant enjoining trademark infringement by a national chain and
resulting in the national chain changing its name.
Winning a preliminary injunction for a local sign company enjoining trademark infringement against a national
company.
Winning the vacation of a binding arbitration award against a software company.
Resolving claims against a celebrity speaker accused of unfair competition.
Resolving claims for a manufacturer against a national manufacturer and distributor of pet products for breach of
contract, false advertising and mislabeling.
Winning preliminary injunctions against companies enjoining use of trade secrets.
Prosecuting and defending suits involving claims for patent infringement, invalidity and inventorship.
Defeating TRO and preliminary injunction motions.
Representing non-party witnesses in discovery disputes involving IP and technology cases.
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