Dana Gross’s practice focuses on all aspects of trademark, copyright, and unfair competition law with particular focus on providing subject-matter expertise and high-level strategic advice in complex corporate transactions, including mergers and acquisitions, financings, service arrangements, sponsorships, licenses, and franchise relationships, as well as domain name and internet enforcement matters.
Dana works with clients to set and implement brand protection strategies and manages US and international trademark portfolios across different industries, including retail and ecommerce, financial services, chemicals, energy, life sciences, and travel and leisure. Dana routinely assists clients to select, clear, register, and protect trademarks on a worldwide basis. He also advises clients in trademark enforcement matters in the United States and abroad, and assists clients in defending such actions brought by third parties.
Dana also counsels clients on issues pertaining to domain name portfolio management and online enforcement, advising on the intricacies of ICANN’s new generic Top-Level Domain (gTLD) program, and filing and defending claims brought under the Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Domain Name Dispute Resolution Policy (UDRP), as well as the takedown procedures of the Digital Millennium Copyright Act (DMCA).
In addition, Dana advises clients on complex copyright issues, including the application of the fair use defense and the statutory right of termination. He further assists clients with copyright filing programs, the implementation of copyright compliance programs, and the preparation and negotiation of contractor and services agreements that pertain to provision of creative services and the preparation of original works of authorship.
Dana is active in the International Trademark Association (INTA), has hosted an INTA roundtable on ICANN’s New gTLD Program, and currently is a member of INTA’s Internet Committee and the subcommittee on Social Media and Online Use. He also previously served as a member of INTA’s subcommittee for Government Advisory Committee (GAC) Outreach at ICANN. Dana actively participates in the International Franchise Association (IFA) and the American Bar Association (ABA) Forum on Franchising, and has been nominated to become a Fellow of the American Bar Foundation (ABF).
Prior to law school, Dana worked for US Senator Robert C. Byrd of West Virginia in various capacities. He joined Morgan Lewis after working at another international law firm, where he practiced in both the corporate finance and intellectual property groups.
Brandeis University, 1998, B.A., Magna Cum Laude
Duke University School of Law, 2004, J.D.
District of Columbia
U.S. District Courts for the Southern and Eastern Districts of New York
Awards and Affiliations
Recommended, Intellectual property: Trademarks: non-contentious (including prosecution, portfolio management and licensing), The Legal 500 US (2019)