Profile
David H. Marenberg represents clients in a variety of civil litigation matters in both state and federal courts, with a focus on copyright, DMCA, trademark, right of publicity, privacy, and other general business disputes in the media and entertainment space. David has experience at virtually every stage of litigation, including pre-filing investigation, drafting and arguing dispositive motions, managing party and expert discovery, class certification, trial preparation, and drafting appellate briefs. David also counsels services providers regarding DMCA safe harbor compliance, artificial intelligence, and other intellectual property matters. A former film and television composer, David brings robust experience to music copyright litigation.
Concentrations
- Intellectual property litigation
- Internet, e-commerce, media and entertainment litigation
- Defense of privacy, consumer protection, and TCPA class actions
Capabilities
Experience
- Gray v. Hudson, 28 F.4th 87 (9th Cir. 2022), affirming grant of the defense motion for judgment as a matter of law and vacatur of prior judgment entered on the jury verdict in a copyright infringement action.
- Ronk v. Hudson et al., 2:20-cv-09843-FLA (ASx), 2022 WL 3013214 (C.D. Cal. Feb. 23, 2022), granting the defendant’s motion to dismiss claims alleging infringement of copyrighted lyrics with prejudice.
- Represents leading online retailer SHEIN in a variety of copyright and trademark matters.
- George & Co. v. Spin Master, Inc., et al.; George & Co. v. Target Corp.: Representing sellers of dice game in trademark and breach-of-contract litigation brought by sellers of competing game. The Second Circuit affirmed the dismissal of a third case brought by the plaintiff asserting a split claim for trademark cancelation for lack of subject matter jurisdiction. 2023 U.S. App. LEXIS 24645 (2d Cir. 2023).
- Advised sculptors as to copyrightability of three-dimensional work of applied art under United States copyright law in connection with ongoing litigation with luxury fashion house.
- Graham v. Prince et al.; McNatt v. Prince et al.: Member of litigation team representing acclaimed modern artist in actions for alleged infringement of photographs.
- Member of litigation team representing online media company in action for alleged trademark infringement brought by e-greeting card company. See Punchbowl, Inc. v. AJ Press, Inc., Case No. 2:21-cv-03010-SVW-MAR (C.D. Cal.).
- Member of litigation team representing cross-border distributor in gray market trademark litigation brought by Swiss food and beverage company.
- Member of litigation team representing Decibel Insight, Inc. in obtaining dismissal of putative data privacy class action suit in Massie v. General Motors LLC, Civil Action No. 21-787-RGA, 2022 WL 534468 (D. Del. Feb. 7, 2022), following transfer.
- Compelled arbitration of claims for public injunctive relief under California’s Unfair Competition Law brought against video game publisher. B.D. v. Blizzard Entm’t, Inc., 76 Cal. App. 5th 931 (2022).
- Defended putative class action alleging false advertising regarding the country of origin and quality of high-end haircutting shears on behalf of Hattori Hanzo Shears, Inc., reaching individual settlement rather than respond to GT’s motions for summary adjudication and to preclude class certification. Arriaga v. Hattori Hanzo Shears, Inc., Case No. CIV-DS2004858 (Cal. Super. Ct.).
- Soliman v. Subway Franchisee Advert. Fund Tr., Ltd., 101 F.4th 176 (2d Cir. 2024), affirming grant of defendant’s motion to dismiss TCPA claims on statutory interpretation grounds.
- Defended various putative TCPA and mini-TCPA class actions alleging receipt of unsolicited text messages, obtaining voluntary dismissal of all claims. See, e.g., Strully v. Full Scale Full Speed Inc., Case No. 1:23-cv-21230-RNS (S.D. Fla.).
- Legal Intern, Warner Bros. Entertainment Inc., Music Licensing and Litigation Departments, 2017
- Freelance Film and Television Composer, 2012-2016
Credentials
Education
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J.D., University of Chicago Law School
- Member, Chicago Journal of International Law
- M.A., Music Theory and Composition, New York University Steinhardt School of Education
- B.A., cum laude, Amherst College
Admissions
- California