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Background

David is a Principal and trial lawyer in the Boston and New York offices of Fish & Richardson P.C., where he specializes in trademark, copyright, and media litigation. In his legal career over the course of the past two decades, he has represented prominent clients in significant trademark litigations and trials, including companies like New Balance, Samsung,  Citizens Bank and Dell/EMC.  In addition, he has represented some of the most prominent media and technology companies like The New York TimesThe Boston Globe, Microsoft, Cablevision and Houghton Mifflin Harcourt in significant media and intellectual property matters of first impression. In 2013, The Hollywood Reporter included David in its annual Power 100 edition, highlighting the most influential entertainment attorneys in the country, and naming his team’s defense of Aereo, Inc. against claims brought by the country’s major television broadcasters at the trial court and before the Second Circuit as the “Case of the Year.” He has been recognized as a leading practitioner in The American LawyerThe World Trademark Review 1000, and The Legal 500, among other legal publications. He also writes extensively about the law, and has lectured at Harvard Law School’s Berkman Center and Boston College Law School.

Throughout his career, David has been involved in some of the most widely followed cases in the area of trademark, copyright, and media law.  In addition to serving as Aereo’s lead trial counsel in the successful defense in the district court (874 F. Supp.2d 373 (S.D.N.Y. 2012)) and lead appellate counsel in the successful appeal at the Second Circuit (712 F.3d 676 (2d Cir. 2013)), David represented New Balance at trial in the International Trade Commission in the successful defense of trade dress claims brought by Nike/Converse.  That case was cited by IP Law360 as the top trademark ruling of 2016.  David also represented Cablevision at the district court in Cartoon Network LLP v. CSC Holdings, Inc. (478 F. Supp. 2d 607 (S.D.N.Y. 2007)), and was instrumental in developing the arguments that ultimately succeeded at the Second Circuit, which clarified copyright law on issues of both reproduction and public performance (536 F.3d 121 (2d Cir. 2008).  His successful trial defense of his client in a trademark matter in Coach Services, Inc. v. Triumph Learning LLC  (96 U.S.P.Q.2d 1600 (T.T.A.B. 2010)), and his subsequent success in defending that verdict before the Federal Circuit (668 F.3d 1356 (Fed. Cir. 2012)) established a new standard for “fame” in trademark dilution cases.  He was lead trial counsel for the New York Times and The Boston Globe in Gatehouse v. The New York Times, a case of first impression that involved both copyright and trademark claims, which settled favorably just prior to trial.  His team’s defense of Recorded Books against trademark and copyright claims in Brilliance Audio v. Haights Cross Communications at the trial court established new law with respect to the first sale doctrine, and he successfully defended that result before the Sixth Circuit (474 F.3d 365 (6th Cir. 2007)).  As a senior associate, he was a member of the trial and appellate team in Lorillard v. Reilly, a case that was ultimately decided in the client’s favor at the United States Supreme Court (533 U.S. 525 (2001)), in one of the leading First Amendment commercial speech decisions in recent jurisprudence.

David brings the creativity and determination necessary for cases of first impression to all of the matters he handles, whether they involve issues that are novel and complex or more traditional.  He has tried matters to both juries and judges, and prepares every one of his cases with the assumption that the matter will be tried to verdict.  That attention to preparation often leads to positive results before trial in favorable settlements or rulings on motions to dismiss or on summary judgment, which saves clients time and expense.

David is also a novelist who writes on his ferry commute to work.  His first book, DARK HARBOR, was nominated for the Barry Award for best first novel in 2005, and was one of Book Sense‘s picks of the month.  Since then, six more of his novels have been published, including the bestsellers INNOCENCE and AMONG THIEVES.  His books have been translated into numerous foreign languages, including French, German, Polish, Spanish, Japanese and Dutch.  Of David’s writing, London’s Daily Telegraph has commented, “Hosp is a born storyteller, a master of quirky character and detail who enthralls through the simple, but elusive, expedient of never seeming to write a dull sentence.”

Education

J.D., George Washington University Law School 1994
cum laude


B.A., Dartmouth College 1990
cum laude

Admissions

  • Massachusetts 1996
  • New York 1995
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Southern District of New York

Memberships & Affiliations

​Mr. Hosp is a member of the International Trademark Association, and the Internet and Trademark Sections of the American Intellectual Property Law Association.

Other Distinctions

World Trademark Review 1000, a peer and client survey, has recognized Mr. Hosp as a leading intellectual property litigator since its inaugural edition (2011-2017).  WTR 1000 notes his “enviable track record on high-profile, high-value soft IP cases,” and has characterized his litigation work as “incredibly impressive.” “A force to be reckoned with,” along with Mark Puzella, “they are leaders in the Boston contentious scene.” David received Gold Tier status in the 2017 edition, with clients commenting that he is the “exact type of person you want as first chair in a suit.” He adopts an “even-handed and very analytical approach,” and “substantively, he is second to none.”

He has been recognized in “Best Lawyers in America” (2013-2016). In May 2013, The Hollywood Reporter selected David for their Top 100 Power Lawyers issue.  In July 2012, he was recognized as Litigator of the Week by The American Lawyer.

David has been selected as a Rising Star and “Super Lawyer” in multiple editions of Massachusetts Super Lawyers. While at George Washington University Law Center, he was a member of the George Washington University Law Review.

He has also been named an “IP Star” by Managing Intellectual Property, 2015-2016.

Experience

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What's trending with David

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January 25, 2017
Fish & Richardson Named Top Trademark Law Firm for Seventh Straight Year by World Trademark Review
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June 20, 2016
Trial Pros: Fish & Richardson's David Hosp | A Law360 Interview
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"Laying the Litigation Groundwork: A US Perspective" - World Trademark Review
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Trademark Litigation: A Global Guide 2017
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September 21st, 2016 | 9:00 am EDT
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Fish & Richardson Announces 36 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
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June 22, 2015
Fish & Richardson Receives Top Tier 1 National Rankings in Patent Prosecution and Patent Litigation from The Legal 500
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January 29, 2015
Fish & Richardson Named Top Trademark Law Firm for Fifth Straight Year by World Trademark Review
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January 7th, 2015 | 1:00 pm EST
Trademark & Copyright Webinar: Trademark & Copyright Year in Review
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September 17th, 2014
2014 Media Law Conference
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January 16th, 2013
The 10th Annual Entertainment and Media Law Conference
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