Phone: 216.736.7218 Fax: 216.621.6536 Connect: LinkedIn

Overview

David helps a broad variety of companies, individuals, authors, artists, designers and non-profits protect their intellectual capital, including advising them on patent licensing, selection, adoption, and use of trademarks, and domestic and international trademark procurement and enforcement, copyrights, trade dress, trade secrets, technology transfer, joint development agreements and social media issues. He frequently advises sellers on Amazon, eBay and other platforms as to their rights and obligations.

David founded KJK’s IP Practice and continues to lead its Brand Enforcement Practice Group. Prior to joining KJK, David was Vice-President and General Counsel for a NYSE-listed company and Assistant General Counsel for an international technology licensing company with operations in the United States, Switzerland and Japan.  Over his 35 years in practice, David has developed a reputation among his clients for his ability to keep the big picture in mind in every legal matter and communicate clearly even the most complex concepts impacting his clients. His approach is to encourage clients to take proactive steps to avoid legal issues before they arise.

With a background in art history, the visual arts, and post-colonial literature, David has long had an interest in intellectual property issues and the creativity unique to this practice area.

Representative Matters

Brand Enforcement

Developed KJK’s proprietary system of brand enforcement and oversees litigation against unauthorized resellers on Amazon, eBay and other platforms in hundreds of federal cases for technology and design clients.

Global Distribution

Represent clients in the retail, design, and technology sectors, including an international chemical and technology companies with a portfolio of brands distributed through multiple channels, in drafting and negotiating, distribution, joint venture and development agreements.

Global Brand Management

Represent clients in the retail, food, design, technology, catalogue, and survival sectors in managing worldwide intellectual property portfolios.

Entertainment and Arts

Represent publishers, authors, and artists in trademark and copyright matters. Negotiated successful settlements of infringement actions.

Global Licensing

Represented chemical technology and Li battery development companies in negotiating various complex worldwide patent licenses and manufacturing and distribution agreements.

Education

  • Case Western Reserve University School of Law, J.D., 1981
    • Case Western Reserve University Journal of International Law, Articles Editor
    • Canada U.S. Law Journal, Articles Editor
  • University of North Carolina at Chapel Hill, Graduate Studies in English Literature, 1978
  • Fordham University, B.A., English and American Literature, Philosophy, 1978
    • Undergraduate English Award

Civic Involvement

  • ACLU of Cleveland, Trustee
  • AIDS Taskforce of Greater Cleveland, Past President
  • Cleveland City Records Commission, Citizens Representative
  • Consortium of Endowed Episcopal Parishes, President and Board Member
  • Cuyahoga County Democratic Party, Executive Committee
  • HRC Federal Club, Co-Chairman
  • Human Rights Campaign, Governor
  • Jane Campbell Mayoral Transition Team, Member
  • Trinity Cathedral, Chancellor, Warden and Vestry Member

Professional Affiliations

  • American Bar Association
  • Cleveland Metropolitan Bar Association
  • Ohio State Bar Association

Bar/Court Admissions

  • Ohio State Courts
  • U.S. District Court, Northern District of Ohio

Awards

  • Martindale-Hubbell AV Preeminent Rating for Highest Level of Professional Excellence
  • Key to the Kingdom in Thanksgiving for Vestry Leadership 2009-2015
  • Selected to Ohio Super Lawyers, 2006
  • Human Rights Campaign Leadership Award, 2006

Presentations & Publications

Representative Experience

“I have worked with David Posteraro for over ten years. Throughout that time, he has consistently provided the expertise and attention we’ve needed on tough customer contract negotiations and other legal matters. He does it with professionalism and, thank goodness, humor!”

– Connie Clore, COO, Asurint 

“When I compare David to all the attorneys I have worked with over the years, there is no real comparison. He has taken the time to not only understand our industry but also the culture of Asurint. I enjoy our banter back and forth and there is no doubt he has improved my business acumen and my understanding of the legal aspects of business in a way that was thoughtful and informative. I cannot thank him enough for the business partner he has become to me.”

– Steve Palek, Chief Sales Officer, Asurint

  • Assisting clients with transnational patent, trademark and copyright licensing arrangements
  • Working with clients on matters relating to trademark, trade dress and copyright protection
  • Negotiated a long-term supply contract for an aviation equipment manufacturer
  • Advising clients on International Trade Commission Section 337 proceedings
  • Advising clients regarding confidentiality and non-circumvention agreements for doing business in China
  • Represented an international patent holding company in development of worldwide patent strategy
  • Represented a state gubernatorial campaign in connection with a claim of trademark and copyright infringement
  • Developed intellectual property policies for major universities
  • Negotiated technology transfer agreements between a university and its affiliated professional schools
  • Advising clients on compliance with the Fair Credit Reporting Act
  • Providing counsel to religious organizations and churches regarding employment law, organizational matters, political activity and copyright issues