David S. Gold
Memberdgold@coleschotz.com New Jersey OfficeCourt Plaza North, 25 Main Street, Hackensack, NJ 07601
T: 201-525-6305 / C: 914-629-0308 / F: 201-678-6305
Legal Practice Assistant: Dawn Brea
T: 201-489-3000 ext. 5019
dbrea@coleschotz.com
OVERVIEW
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 is a member and previous two-term 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.
Services
Education
Rutgers 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 Admissions
New 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, 2013NEWS
News
Ninth Circuit Shapes High Bar for Copyright Dismissals
As published in: Bloomberg Law June 23, 2020
23 Cole Schotz Attorneys Named 2020 New Jersey Super Lawyers
March 13, 2020
1st Cannabis Patent Fight May Soon Narrow Focus To Validity
As published in: Law360 February 6, 2020
Defense Preclusion At Issue In ‘Lucky' Trademark Tiff Before Supreme Court
As published in: Westlaw Journal Intellectual Property January 29, 2020
AI and Copyright Come Together in 'Absurd' US Complaint
As published in: Managing IP August 29, 2019
Federal Judge Allows Game-Changing Cannabis Patent Lawsuit to Move Forward
As published in: Cannabis Business Times June 12, 2019
The United States Patent and Trademark Office Updates Hemp Mark Guidelines
As published in: Cannabis Business Times May 8, 2019
American Media Acquires TEN's Adventure Sports Magazines
As published in: FOLIO February 5, 2019
Wake Up Call: American Media, LLC
As published in: Bloomberg Big Law Business February 4, 2019
A Marijuana Product Patent Dispute Marks a First for the Judicial System
As published in: Law Week Colorado August 20, 2018
Colorado Cannabis Patent Lawsuit Will Be Worth Watching
As published in: Cannabis Business Times August 15, 2018
Copying Photo for Local Film Fest Site Didn't Infringe Copyright
As published in: Bloomberg BNA Patent, Trademark & Copyright Journal June 13, 2018
Website Fights Standard-Setting Groups for Right to Post Free Copies
As published in: Bloomberg BNA Patent, Trademark & Copyright Journal May 18, 2018
The Writing on the Wall: 5Pointz Artists' Lawsuit Could Prove a Warning to Developers
As published in: Commercial Observer May 16, 2018
Thirty-Four Cole Schotz Attorneys Named 2018 Super Lawyers
March 19, 2018
New Partners Yearbook 2018
As published in: New Jersey Law Journal March 8, 2018
Cole Schotz Starts Marijuana Practice, Anticipating Legalization in NJ
As published in: New Jersey Law Journal March 6, 2018
People in the News
As published in: The Legal Intelligencer January 8, 2018
EVENTS
Recent Events
Myths and Realities of Intellectual Property Law in the Time of Covid-19
Attorney Speaking: David S. GoldJuly 14, 2020Table Talk Live: Intellectual Property Considerations for Food Entrepreneurs (Hosted by Hudson Kitchen)
Attorney Speaking: David S. GoldJune 25, 2020NJICLE: Raiders of the Lost Art (The 6th Annual Art Law Symposium): The Hunt for Nazi Looted Art in America, Abraham Lincoln, and Adolf Hitler
Attorney Speaking: David S. GoldSeptember 26, 2019NJICLE: IP for the Non-IP Practitioner: Myth v. Reality
Attorney Speaking: David S. GoldSeptember 18, 2019Intellectual Property Rights in Bankruptcy CLE Presentation at Cole Schotz New Jersey Office
Attorneys Speaking: Krista L. Kulp, Irving E. Walker and David S. GoldJuly 18, 2019NJICLE: Myth v. Reality: IP for the Non-IP Practitioner
Attorney Speaking: David S. GoldJuly 31, 2018A Special Sports Law Event – The General Corporate Counsel Round Table
Attorney Speaking: David S. GoldApril 3, 2018David Gold will be speaking on the differences between various types of intellectual property at the NJSBA Annual Convention
Attorney Speaking: David S. GoldMay 17, 2017Intellectual Property Protection and Enforcement: Entertainment Arts CLE at NJ Law Center
Attorney Speaking: David S. GoldNovember 16, 2016Intellectual Property 102 – Protecting Your IP Assets: IP Webinar
Attorneys Speaking: Arianna Christopher and David S. GoldOctober 18, 2016NJICLE 3rd Annual Art Law Symposium: Focusing on the Artist-Gallery-Dealer-Collector Relationships & Cultural Heritage
Attorney Speaking: David S. GoldSeptember 21, 2016Entertainment, Arts and Sports Law: 2016 NJSBA Annual Meeting & Convention
Attorney Speaking: David S. GoldMay 18, 2016Civility in Entertainment Law, NJSBA Annual Meeting and Convention
Attorney Speaking: David S. GoldMay 14, 2015Intellectual Property Rights of Photographers, Princeton Photography Club
Attorney Speaking: David S. GoldMay 13, 2015New 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, 2015Mastering Music Publishing: The Myths, How it Really Works and the Mighty Hand of Copyright Termination
Attorney Speaking: David S. GoldOctober 16, 2014Copyright and Photography, presented by American Society of Media Photographers
Attorney Speaking: David S. GoldMay 7, 2014Can I Use That? Appropriation Art and Fair Use, New Jersey State Bar Association Entertainment, Arts and Sports Law Section
Attorney Speaking: David S. GoldJanuary 29, 2013Appropriation Art and Fair Use, Rutgers School of Law
Attorney Speaking: David S. GoldSeptember 19, 2012PUBLICATIONS
Publications
Branding Cannabis: How IP May Unlock the True Value of the Green Rush
New Jersey Law Journal June 21, 2019
David S. GoldU.S. Copyright Office Provides Clarity On Single Application Eligibility
Intellectual Property Law January 9, 2018
David S. GoldMusic Modernization Act Signed Into Law
Intellectual Property Law November 8, 2018
David S. Gold and Emily ParkUnited Cannabis Corp. v. Pure Hemp Collective Inc. – Why The (Cannabis) World Is Watching
Cannabis Law August 16, 2018
David S. GoldWe May Finally Learn When You Can Sue For Copyright Infringement
Intellectual Property Law July 2, 2018
David S. GoldBlurred Lines: You Could Decide The Next Big Music Copyright Case!
Intellectual Property Law March 28, 2018
David S. GoldALERT: 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, 2017
David S. GoldBranding Revisited: Takeaways From the 2016 Managing the Trademark Asset Lifecycle Conference
IP Law Outlook October 27, 2016
David S. GoldDid My UK IP Rights Just “Brexit” The European Union?
Intellectual Property Law June 24, 2016
David S. GoldWhole Lotta Love for Zeppelin in Jury Verdict On Stairway Copyright Trial
Intellectual Property Law June 23, 2016
David S. GoldFederal Circuit Upholds Home Field Advantage in Generic Drug Cases
IP Law Outlook March 28, 2016
David S. GoldSupreme Court to Revisit Standard for Awarding Attorney’s Fees in Copyright Case
IP Law Outlook January 27, 2016
David S. GoldThe 'Orphan Works' Dilemma: Where Do We Go From Here?
New Jersey Law Journal September 8, 2015
David S. GoldMicrosoft Disables Bing Image Widget Following Getty Suit
IP Law Outlook September 11, 2014
David S. GoldThe Second Circuit Weighs In On How Far Digital Databases Can Go
IP Law Outlook June 12, 2014
David S. GoldNot So “Elementary”: Derivative Works That Straddle The Public Domain Dateline
IP Law Outlook January 29, 2014
David S. GoldA Foreign Affair (Supreme Court Edition): First Sale Doctrine Applies to Works Made Outside U.S.
IP Law Outlook March 25, 2013
IP Lawyers Weigh In On High Court's 1st-Sale Ruling
Law360 March 19, 2013
Opening the Floodgates on Copyright Termination
New Jersey Law Journal January 21, 2013
Supreme Court Denies Certiorari in Holocaust-Era Art Repatriation Case: Does it Matter?
IP Law Outlook October 28, 2011
Removal of a Photographer’s Credit From Digital Photograph May Violate the DMCA
IP Law Outlook October 4, 2011
A Foreign Affair: First-Sale Doctrine Inapplicable to Works Manufactured Outside the U.S.
IP Law Outlook September 23, 2011
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, 2011
Art Hath An Enemy Call’d Ignorance: Bankruptcy and Artwork Consignment in New Jersey
New Jersey Volunteer Lawyers for the Arts August, 2011
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, 2010
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 2010