Print Page Email Page
David R. Barnard

Experience
Mr. Barnard has focused his practice exclusively on intellectual property and entertainment law matters. His litigation practice has included patent, trademark, copyright and trade secret litigation in different courts throughout the nation. His business counseling practice has included assisting a wide range of intellectual property, entertainment, Internet, marketing and media clients on matters as diverse as attracting venture capital, creating company-wide intellectual property identification and protection programs, noninfringement and freedom of operation opinions, creating comprehensive employee trade secret protection programs, licensing, assisting nationally-syndicated media clients with liability risk reduction and advising feature length film makers on intellectual property clearance, marketing and distribution rights.

Significant Accomplishments:
  • Led patent case against well-known, national company resulting in favorable Markman ruling and ultimately a multi-million dollar settlement.
  • Led successful defense of complex patent, trademark, unfair competition and antitrust case in the Middle District of Florida including "bet the company" injunction proceeding.
  • Led successful defense of massive patent case in the District of New Hampshire against prominent national IP firm resulting in multiple favorable Markman rulings and ultimately summary judgment on all claims.
  • Led successful defense of misappropriation of likeness claim in Texas state court against high-profile plaintiff's firm arising from Payne Stewart biography.
  • Led copyright infringement defense for international television network against local author resulting in successful mediation.
  • Led trademark infringement and dilution case against Fortune 100 company.
Prior to joining Lathrop & Gage, Mr. Barnard clerked for the Honorable Nanette Laughrey, United States District Court, Western District of Missouri.

Education
  • University of North Carolina, J.D., with honors, 1996
  • Westminster College, B.A., summa cum laude, 1993
Admissions
  • Kansas, 1997
  • Missouri, 1996
Court Memberships
  • U.S. District Court for the District of Kansas, 1996
  • U.S. District Court for the Western District of Missouri, 1996
  • U.S. Court of Appeals for the Tenth Circuit, 1998
  • U.S. Court of Appeals for the Federal Circuit, 2006
Professional Affiliations
  • Kansas City Metropolitan Bar Association Publications Committee, 2007
  • The Missouri Bar
  • Kansas Bar Association
Publications
  • Author, Law Firm Associates - "You Work Hard for the Money", KC Counselor, November 2007
  • Co-author, Excuse Me, Please, But Do You Happen to Have a License for that Plant?, Front Range TechBiz, Feb. 25 - March 3, 2002
  • Author, Internet Linking, Framing and Metatags: Know Your Clients' Rights and Risks, Missouri Lawyers Weekly, January 21, 2002
  • Co-author, How Clean Can A Bathroom Be?: The Business Method Patent, The Kansas City Star, January 18, 2001
In The News
01/31/2005 Sponsorship ads on search engines test limits of trademark law

Presentations
  • Speaker, The Case for Genericism: Effective Microorganisms and EM, Sustainable Community Development Partners Conference, February 2007
  • Speaker, Trade Dresses and Suits:  Crafting a Successful Enforcement Program, 2005 Rocky Mountain Intellectual Property & Technology Institute and I.P. 101, April 2005
  • Speaker, Internet Linking, Framing and Metatags,  Kansas City Chamber of Commerce, September 2001




May be considered attorney advertising under New York law. The choice of a lawyer is an important decision and should not be based solely on advertisements.