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About Me

DAVID AKERS WEINSTEIN

RANGE OF SERVICES

Counsel and represent the interests of individuals and businesses regarding the evaluation, acquisition, development, legal protection and commercialization of intellectual property rights, trade secrets, and business information in the United States and foreign countries, with emphasis on copyright, trademark, trade secret, designs, and unfair competition.

  • Prepare, negotiate and interpret agreements, licenses, and other documents that concern advertising, art, audiovisual works, computer software, electronic commerce, information technology, literary rights and book publishing, merchandising, music, sound recordings, trade dress, trademark, and trade names, trade secrets, designs among other kinds of intellectual property.
  • Provide guidance regarding infringement claims and litigation in state and federal courts as well as the United States Patent and Trademark Office concerning the areas of law dealing with intellectual property, trade secret, business information, and unfair competition.
  • Technical assistance advisor services ranging from authoring and evaluating intellectual property rights legislation and regulations including the analysis and preparation of reports and design of negotiation strategies concerning the intellectual property aspects of Free Trade Agreements and their legal impact on trade, to the design, implementation and conduct of training programs and workshops as well as authorship of informational/educational literature for government officials, judges, policymakers, attorneys, and business people covering rights enforcement (i.e., infringement/ counterfeiting), the role of intellectual property in international trade, and the need for public awareness about intellectual property rights.
  • As a trained alternative dispute resolution service provider Ialso offer mediator and arbitration services concerning intellectual property and other matters.

PROFESSIONAL EXPERIENCE

Law Office of David A. Weinstein, Denver, Colorado
August  1997 – present

Dorsey & Whitney LLP
Partner
Denver office of a 600+ attorney international law firm
August 1996 – August 1997
 
Holme Roberts & Owen LLC
Special Counsel
A 180+ attorney international law firm
Denver, Colorado
March 1994 – August 1996
 
Reinhart, Boerner, Van Deuren, Norris & Rieselbach S.C.
Special Counsel
Denver, Office of a national 100+ Milwaukee law firm
Denver, Colorado
January 1991 – March 1994

Law Office of David A. Weinstein
Denver, Colorado
October 1977 – January 1991

Borden, Inc.
Trademark/Copyright Attorney
Columbus, Ohio
January 1971 – October 1977

General Foods Corporation
Trademark/Copyright Attorney
White Plains, New York
January 1970 – January 1971

United States Patent and Trademark Office
Trademark Trial and Appeal Board, Attorney, Clerk
Washington, D.C
October 1969 – January 1970

United States Patent and Trademark Office
Trademark Attorney
Washington, D.C.
September 1967 – January 1970
 
EDUCATION

New York University
Graduate School of Law
Food, Drug and Cosmetic Law Course 1970

University of Denver College of Law
J.D. 1967

University of Colorado
B.A. History 1963
Varsity Letter/Gymnastics

BAR AND COURT ADMISSIONS

State Bar of Colorado 1967
State Bar of New York 1970
State Bar of Ohio 1972
State Bar of Wisconsin 1993
United States Court of Appeals, Federal Circuit
United States Court of Appeals, 10th Circuit
United States District Court for the District of Colorado
 
HONORS AND AWARDS

United States Patent and Trademark Office Superior Performance Award
Jefferson County Mediation Services: Mediator of the Year Award 2011
First Judicial District Bar Association: Probono Achievement 2010 – Mediation
Best Lawyer’s in America 2012 Denver Copyright Law Lawyer of the Year
Best Lawyers In America (1993 – present)
Colorado Super Lawyers (2006 – 2008, 2012)

REPRESENTATIVE REPORTED LITIGATION

Coherent, Inc. v. Coherent Technologies, 935 F.2d 1122 (10th Cir. 1991)

Cliff’s Notes, Inc. v. Bantam Doubleday Dell Publishing Group, Inc. 886 F.2d 490 (2d Cir. 1989)

Feder v. The Videotrip Corporation, 697 F. Supp. 1165 (D. Colo. 1988)

D. Brooks Ltd. v. Brooks Fashion Stores, Inc., 1 USPQ2d 1128 (D. Colo. 1986)

EXPERT WITNESS

American Multi-Cinema, Inc. v. City of Westminster, Adams County District Court  92CV1881

Dennis Green Design Group, Ltd. v. Woolworth Corporation, United States District Court for the District of Colorado (D. Colo. 1993)

Birtcher Electro Medical Systems, Inc. v Beacon Laboratories, United States District Court for the District of Colorado  [15 USPQ2d 1411 (D. Colo. 1990)]

Colorado Sports Publications, Inc. v. Colorado Golf Associates, United States District Court for the District of Colorado  90-S-656

Metro Brokers, Inc. v. American Condo Exchange, 89 F2d 216 (D. Colo. 1989)

Colorado Sports Publications, Inc. v. Classic Motor of Boulder, Inc., Denver District Court 89 CV 15982

BG Products, Inc. v. J.B. Isaac and Advanced Friction Technologies, Inc., United States District Court for the District of Colorado 96-Z-2082 [49 USPQ2d 1221  (DC Colo. 1998)]

Donald F. Almeida, et al. v. Roger B. Elton, et al., Arapahoe County District Court, Arapahoe County Colorado 99-CV-2366, Div. 4

Melody Homes, Inc. v. Aspen West Homes, LLC, United States District Court for the District of Colorado 99-S-1000

Altira Group v. Philip Morris Companies, United States District Court for the District of Colorado 01-K-2344 (2002)

Richard E. Tasker v. William C. Schwartzkopf, Denver District Court  02-CV-7960 (2003)

Okuma Nutritionals, LLC v. QFL, Inc. and Rama Singh, United States District Court for the District of Colorado 06-CV-02014 (2007)

Radcrete Pacific Pty, Ltd. and Edward Leo Payne v. Curtis F. Nelson, Ted E. Amsbaugh, and Tech-Crete LLC, American Arbitration Association Case No. 50 155 T 00034 07 (2008)

Powerhouse Productions, Inc. and Howard McKinnie Gibson, Jr. v. Troy Widgery, Go Fast Sports and Beverage Company, Xtreme Rocket Services, LLC and Jet P.I., LLC, United States District Court for the Eastern District of Texas, Sherman Division 4:07-cv-071 (2008)

Qualmark Corporation, et al. v. Data Physics Corporation, United States District Court for the District of Colorado, 07-CV-02665 (2008)

Dataworks, LLC v. Planit Planners, Inc., United States District Court for the District of Colorado, 1:09-CV-00504 (2009)

ARBITRATOR

James S. Walker v. Worth Publishers, Inc., United States District Court, Eastern District of Washington at Spokane; CS-98-0285 FVS

MEDIATION SERVICES – TRAINING/CREDENTIALS

Member, International Trademark Association Panel of Neutrals for alternative dispute resolution proceedings in the area of trademark and unfair competition law

International Trademark Association Training Course – ADR in Trademark & Unfair Competition Disputes

CDR Associates 40-hour course in the theory and practice of mediation – 2002

Colorado Bar Association CLE 40-hour course in the theory and practice of mediation- 2010

TECHNICAL ASSISTANCE ADVISOR – REPRESENTATIVE PROJECTS

Azerbaijan; Bahrain, Bulgaria; Egypt; Ethiopia; Indonesia; Jamaica; Jordan; Peru; Serbia-Montenegro

INTELLECTUAL PROPERTY RIGHTS PRESENTATIONS/TRAINER – REPRESENTATIVE

International Law Institute, Washington, D.C.
Intellectual Property and Transfer of Technology, October 1997
Trained policymakers, legal and financial advisors, and officers of intellectual property and transfer of technology institutions in connection with two week intellectual property course

World Learning/Technical Training for Societies in Transition (TRANSIT), Washington, D.C.
Bulgarian Intellectual Property Rights Group, November 1997; November 1998
Program Co-director, course designer, and speaker for two week program covering copyright enforcement and compliance with bilateral treaties and international conventions concerning intellectual property, including TRIPS and other international treaties concerning intellectual property

SIPRE Project, Washington, D.C.
Egyptian Trademark Examination Course, July/August 7, 1998
Designed, prepared materials for, and trained Egyptian trademark examiners at two week course covering trademark protection as well as TRIPS

International Law Institute, Washington, D.C.
Intellectual Property Course, August, 1998; June, 2000
Course director; designed, prepared materials for  and trained policymakers, legal and financial advisors, and officers of intellectual property and transfer of technology institutions in connection with two week intellectual property course that included TRIPS and other international treaties concerning intellectual property
 
Global Biodiversity Institute
GBDI Southern African Biodiversity, Biotechnology and Law Training Course, August 2000, June 2001; July 2001
Gaborone, Botswana; Cotonou, Benin; Dar es Salam, Tanzania
Three One-day training presentations covering information technology/intellectual property including trade secret and copyright protection, appellations of origin, TRIPS, and public awareness of intellectual property rights in reference to the conservation of biodiversity and improved sustainable economic development in rural communities of the developing world.

TIPRE Project, Washington, D.C.
Egyptian Trademark Examination Course, August 2002
Presentation of two-week training course for Egyptian trademark examiners covering TRIPS compliance and rights enforcement, including preparation of training materials.

World Trade Organization Accession Project, Podgorica, Montenegro/Belgrade, Serbia
June 2004Two one-day presentations on the subject of intellectual property rights acquisition and protection (i.e., infringement/counterfeiting)

USAID DOHA Project for WTO Accession and Participation
Ethiopia – Addis Ababa, Ethiopia, July 2006
Seven-day training program for Ethiopian Intellectual Property Office trademark examiners
 
Indonesia Trade Assistance Project – Workshop on the World Trade Organization (WTO) and the Multilateral Trading System (MTS) – Jakarta, Indonesia September 2006
Two one-day presentations to Indonesian Ministry of Trade officials, University Indonesia Faculty of Law professors, and attorneys regarding intellectual property rights laws and protection enforcement under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in connection with World Intellectual Property Organization member obligations.

REFERENCES

Furnished upon request.
For more information contact:

David A. Weinstein
695 South Colorado Boulevard, Suite 360
Denver, Colorado 80246
303-863-8818
davidaweinstein@qwestoffice.net