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Overview

Daniel J. Donnellon is the Managing Partner of the firm’s Cincinnati office and is a member of the firm's Litigation Department. Dan’s areas of practice are in business, civil and intellectual property litigation. He has devoted 28 years of his practice to trial work concentrating on business and civil injunctions. Dan has litigated actions for injunctions and other relief in matters involving trademarks, trade dress, trade secret, copyright and other business related issues and has tried complex business and product liability actions.

He is the author of Ohio’s most oft-cited treatise on the subject of Civil Rule 65 equity relief. One southwestern Ohio appellate Judge has referred to Dan as “the guru of injunctions in Ohio.” The Supreme Court of Ohio has invited him three times to be a Faculty Member for the Common Pleas Court Judges Association continuing judicial education on the subject.

Dan is a 1986 graduate of the University of Cincinnati College of Law where he was a Law Review Editor. For the past seven years, Dan has returned to the UC College of Law as an Adjunct Professor teaching advanced Trial Practice and coaching the competitive mock trial teams.

Dan is admitted to the state bar in both Ohio and Kentucky, the federal bar in the U.S. District Court for the Southern District of Ohio and the Eastern District of Michigan, the U.S. Court of Appeals for the Sixth and Seventh Circuits, and the U.S. Supreme Court.

Career Highlights

Representative Cases and Achievements

  • Successfully petitioned the FCC on behalf of a national client for a retroactive waiver of liability under the Telephone Consumer Protection Act (TCPA) based upon confusing and contradictory prior orders of the FCC interpreting TCPA consent requirements
  • Successfully obtained Preliminary and Permanent Injunctive Relief, Midmark Corporation v. Janak Healthcare Pvt. Ltd, et al., No. 3:14-cv-088, 2014 U.S. Dist. LEXIS 52652 (S.D. Ohio Apr. 16, 2014)
  • Successfully obtained Preliminary Injunctive Relief Keystone Senior, LLC v. Renaissance West, LLC, et al.
  • Defense judgment in trademark infringement action styled Comerica, Incorporated v. Fifth Third Bancorp, et al.
  • Obtained injunctive relief and damages for plaintiff in patent, copyright, and trade secret action styled Bay Technologies, Inc. v. Yeggy, et al.
  • Defense judgment in trademark infringement action styled SJI Wholesale v. American Western Cigar, et al. proving abandonment prior to plaintiff’s registration
  • Obtained injunctive relief for the national restaurant chain Ruby Tuesdays on two occasions to preserve visibility covenants in shopping mall leases
  • Successful prosecution of trademark infringement claims protecting Yogi Bear’s Jellystone Park Camp-Resorts® and related marks in more than ten actions throughout the United States and successfully obtained attorneys’ fees as part of final judgment or settlement in each of the actions
  • Obtaining preliminary injunction and ultimately successful settlement in copyright infringement action involving valuable Pete Rose memorabilia in an action styled Kelly v. Locker Room Sports Memorabilia Inc.
  • Successful pursuit of injunctive relief and royalties for trademark and copyright infringement of Batman® marks and artwork as part of national team of trial lawyers for Warner Bros.
  • Successful defense through summary judgment and settlement of copyright infringement and trade secret claims involving software in an action styled Criterion Technologies v. Cincom Systems, Inc.
  • Obtaining preliminary injunction and ultimately successful settlement in computer source code copyright infringement action styled Lucrum, Inc. v. Field Education Services, Inc.
  • Representation of Cincinnati Reds® former ownership in successfully obtaining preliminary injunction, and subsequent settlement to prevent sale by former owner Marge Schott to competing interests
  • Assistant trial counsel for the defense in an action styled Noranda, Inc., et al. v. The Penn Central Corporation, asserting counterclaims for fraud and non-disclosure resulting in favorable settlement
  • Successful defense of trademark and trade secret claims and successfully prosecuted copyright claims achieving favorable settlement on all issues in action styled Durr Environmental, Inc. v. Crawford Industrial Group LLC

Awards

  • Selected for inclusion in The Best Lawyers in America®, 2017 and 2018, in the field of Litigation – Intellectual Property
  • Ohio Super Lawyers® List, 2004-2005, 2012-2016
  • Cincinnati’s Top 100 Lawyers, 2015 (inaugural year) and 2016
  • Adjunct Faculty Teaching Excellence Award University of Cincinnati College of Law, 2012
  • AV® peer review rated by Martindale-Hubbell, which is the highest ranking for general ethical standards and legal ability standards

Affiliations

Professional Affiliations

  • Cincinnati Bar Association
  • Ohio Bar Association
  • Federal Bar Association

Former Employment

  • Faruki Ireland & Cox PLL, Partner, 2010-2014
  • Keating Muething & Klekamp PLL, Partner, 1991-2008

Community Involvement

Professional Leadership

  • Vice President, Federal Bar Association - Cincinnati-Northern Kentucky Chapter, September 2016 - Present
  • Participant, Federal Bar Association Leadership Training Conference, Washington, D.C., May 20-21, 2016
  • Participant, Federal Bar Association Capitol Hill Day, Washington, D.C., May 19, 2016

Civic and Charitable Involvement

  • St. Thomas More Society, Founder and first President
  • Good Shepherd Church, Children’s Liturgy Minister
  • St. Rita School for the Deaf, Governing Board Member
  • The Crable Foundation, Board of Directors

Media

Contributions & Published Works

  • Co-author, Chapter 10, “Other Pleading Issues,” Kentucky Civil Practice Before Trial, 4th Edition, University of Kentucky College of Law, 2017
  • "Is Congress Inadvertently Putting Companies Out of Business? The Effect of the TCPA on Unwitting Marketing Efforts," By Daniel J. Donnellon and Alex S. Rodger, Cincinnati Business Courier, September 30, 2016
  • “Injunctions and Restraining Orders in Ohio: A Guide to Relief Under Ohio Civil Rules 65 and Related Statutes,” Anderson Publishing Company, 2002
  • "RIAA v. Mom & Dad? Parents Could Be Liable for Children's Illegal Music Downloads," The CBA Report, September, 2003 (co-author)
  • Commentator on intellectual property issues for WCPO, the Cincinnati ABC TV affiliate

Events

Presentations

  • "Win Your Case in Voir Dire," 2017 All-Ohio Legal Forum, Aug. 25, 2017
  • “Introducing Your Case: Strategies for an Impactful and Effective Opening Statement,” 2016 All-Ohio Legal Forum, April 28, 2016
  • "Litigation Basics: Opening Statement/Closing Arguments," Ohio Bar Association CLE live seminar, Sept. 16, 2015
  • "Effective Opening Statement and Closing Argument: Winning Your Case From The Very Outset," Federal Bar Association CLE webinar, Aug. 26, 2015
  • "Litigation Basics: Opening Statement/Closing Arguments," Ohio Bar Association CLE live seminar, Oct. 16, 2014

Services

Bowling Green State University, Bachelor of Arts in Communication, magna cum laude
University of Cincinnati College of Law, J.D., 1986

  • Ohio, 1986
    Kentucky, 2014
    U.S. District Court for the Southern District of Ohio
    U.S. District Court for the Eastern District of Michigan
    U.S. Court of Appeals for the Sixth Circuit
    U.S. Court of Appeals for the Seventh Circuit
    U.S. Supreme Court
  • American Sign Language

Certified Mediator

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