David S. Gold counsels artists and creative entrepreneurs including musicians and other performing artists, authors, fashion designers, photographers and graphic designers, as well as arts organizations, media and marketing companies, and other corporate entities in a variety of industries in connection with their intellectual capital. With a background in music and the arts, he understands both the incredible value of creativity and the unique challenges associated with that creativity in the modern digital marketplace.
Mr. Gold advises on the protection, enforcement and monetization of intellectual property including copyrights, trademarks, and patents, helping to leverage creativity in ways that make smart business sense. Known for offering practical solutions, Mr. Gold evaluates businesses and brands from a holistic standpoint, often going far beyond traditional legal advice to identify opportunities and risk that may not always be front of mind. Once a full picture is achieved and goals are set, Mr. Gold works with his clients to reach those goals in a streamlined and cost-effective manner.
IP infringement is a serious concern and can lead to lost revenue, lost opportunities, litigation, and irreparable damage to valuable brands and goodwill. Mr. Gold is an experienced litigator having enforced and defended rights afforded under federal and state laws including the United States Copyright Act, the Digital Millennium Copyright Act, the United States Trademark (Lanham) Act, and the United States Patent Act. He has successfully resolved disputes involving trade dress, trade secrets, unfair competition, defamation and publicity and privacy rights. Mr. Gold has also represented musicians and corporate clients in negotiations involving major performing rights organizations such as the American Society of Composers, Authors and Publishers (ASCAP).
In his broader civil and commercial litigation practice, Mr. Gold has successfully represented clients in state and federal court in matters concerning contracts, insurance disputes, claims of fraud, real estate disputes, employment law, property tax appeals, shareholder/partnership discord, professional liability, and commercial transactions.
Active in a host of industry organizations, Mr. Gold currently serves as Chair of the Entertainment, Arts and Sports Law Section of the New Jersey State Bar Association and is also a member of the Association’s Intellectual Property Section. He is a member of the John C. Lifland American Inn of Court and has held numerous board positions including with the New Jersey Volunteer Lawyers for the Arts (NJVLA), Arts Horizons, and the New York Metropolitan Symphony, “Music With a Cause,” an organization he founded to draw attention to and support a variety of beneficial causes.
Mr. Gold graduated from Rutgers School of Law – Newark, where he received distinction as the 2009 Myron S. Harkavy Scholar for Excellence in Trial Advocacy and the 2008 Saul A. Wittes Scholar. He was the 2009 Nathan Baker Mock Trial Competition Winner and a member of the Rutgers School of Law – Newark National Mock Trial Team. Mr. Gold was the Student Bar Association President (2008-2009), Production Editor of the Women’s Rights Law Reporter (2009-2010), and a member of the Entertainment and Sports Law Society and the Intellectual Property Law Society.
Mr. Gold has held employment positions with the New Jersey Volunteer Lawyers for the Arts, the New York Philharmonic, the Orchestra of St. Luke’s, and the Rockland Summer Institute of Orchestral and Chamber Music Studies. Over the years, Mr. Gold has also acted as an independent arts consultant to a variety of arts-related entities.
Mr. Gold received his B.A. from Brown University and his M.A. in performing arts administration from New York University. He is an avid double bass player, performing in various groups around the metropolitan area.
EducationRutgers Law School- Newark, J.D., 2010:
Myron S. Harkavy Scholar (2009-2010), Saul A. Wittes Scholar (2008-2009), Student Bar Association President (2008-2009), 2009 Nathan Baker Mock Trial Competition WinnerNew York University, M.A., Performing Arts Administration, 2007Brown University, B.A., 2003: 2002
Undergraduate Teaching and Research Assistant Fellowship in Political Science
Bar & Court AdmissionsNew Jersey, 2010New York, 2011U.S. District Court, District of New Jersey, 2010U.S District Court, Southern District of New York, 2011U.S. Court of Appeals, Second Circuit, 2013
March 19, 2018
As published in: New Jersey Law Journal March 8, 2018
As published in: New Jersey Law Journal March 6, 2018
As published in: The Legal Intelligencer January 8, 2018
As published in: IP Watchdog January 8, 2018
As published in: The Courier News January 7, 2018
As published in: World Intellectual Property Review January 4, 2018
January 2, 2018
As published in: NJBIZ January 2, 2018
As published in: Bloomberg BNA September 27, 2017
Atari Copyright, Trademark Suit Targets KitKat's Breakout Game Ad
As published in: Bloomgberg BNA August 18, 2017
As published in: Digital Guardian January 10, 2017
As published in: The National Law Journal August 4th, 2015
David Gold was quoted in article titled, "Will 'Blurred Lines' verdict make it harder to be a songwriter?"
As published in: The Christian Science Monitor March 11, 2015
As published in: South Bergenite March 28th, 2013
David Gold will be speaking on the differences between various types of intellectual property at the NJSBA Annual ConventionAttorney Speaking: David S. GoldMay 17, 2017
NJICLE 3rd Annual Art Law Symposium: Focusing on the Artist-Gallery-Dealer-Collector Relationships & Cultural HeritageAttorney Speaking: David S. GoldSeptember 21, 2016
New Jersey Volunteer Lawyers for the Arts: Do you own a copyright? If you're an artist, you certainly do!Attorney Speaking: David S. GoldApril 28, 2015
Mastering Music Publishing: The Myths, How it Really Works and the Mighty Hand of Copyright TerminationAttorney Speaking: David S. GoldOctober 16, 2014
Can I Use That? Appropriation Art and Fair Use, New Jersey State Bar Association Entertainment, Arts and Sports Law SectionAttorneys Speaking: David S. Gold and David M. KohaneJanuary 29, 2013
Appropriation Art and Fair Use, Rutgers School of LawAttorney Speaking: David S. GoldSeptember 19, 2012
Intellectual Property Law March 28, 2018David S. Gold and David M. Kohane
ALERT: Register (Or Re-Register) Your DMCA Agent Online By December 31, 2017 Or Lose Safe Harbor Eligibility For User-Generated Content On Your Website
Intellectual Property Law November 2, 2017David S. Gold
IP Law Outlook October 27, 2016David S. Gold
Intellectual Property Law June 24, 2016David S. Gold
Intellectual Property Law June 23, 2016David S. Gold and David M. Kohane
IP Law Outlook March 28, 2016David S. Gold and David M. Kohane
IP Law Outlook January 27, 2016David S. Gold
IP Law Outlook October 20, 2015David M. Kohane and David S. Gold
New Jersey Law Journal September 8, 2015David M. Kohane and David S. Gold
IP Law Outlook October 28, 2014Arianna Christopher and David S. Gold
IP Law Outlook September 18, 2014Arianna Christopher and David S. Gold
IP Law Outlook September 11, 2014David S. Gold
IP Law Outlook September 9, 2014Arianna Christopher and David S. Gold
IP Law Outlook June 12, 2014David S. Gold
IP Law Outlook January 29, 2014David S. Gold
IP Law Outlook March 25, 2013David M. Kohane and David S. Gold
Law360 March 19, 2013David S. Gold
New Jersey Law Journal January 21, 2013David S. Gold and David M. Kohane
IP Law Outlook September 24, 2012David S. Gold
IP Law Outlook June 4, 2012David S. Gold
IP Law Outlook October 28, 2011David S. Gold
IP Law Outlook October 4, 2011David S. Gold
IP Law Outlook September 23, 2011David S. Gold
California Dreaming: The Continuing Debate in California Over the Constitutionality of Eliminating the Statute of Limitations on Holocaust-Era Art Repatriation Claims
New York State Bar Association Entertainment, Arts & Sports Law Journal August 16, 2011David S. Gold
New Jersey Volunteer Lawyers for the Arts August, 2011David S. Gold, Ryan T. Jareck and David M. Kohane
Last Chance to Save Your Tax Exempt Status: One-Time Filing Relief Program for Tax-Exempt Organizations Ends October 15, 2010
New Jersey Volunteer Lawyers for the Arts October 8, 2010David S. Gold and Jeffrey H. Schechter
Is There Any Way Home? A History and Analysis of the Legal Issues Surrounding the Repatriation of Artwork Displaced During the Holocaust
New York State Bar Association Entertainment, Arts & Sports Law Journal Spring/Summer 2010David S. Gold