Education

  • J.D., William and Mary School of Law, 2003
  • B.A., Bowdoin College, magna cum laude, 2000

Bar Admissions

  • New Jersey
  • Massachusetts

Court Admissions

  • U.S. District Court, District of Massachusetts
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Texas
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit

Memberships & Affiliations

American Bar Association

New Jersey State Bar Association

Phi Alpha Delta Legal Fraternity

Bowdoin Alumni Schools and Interviewing Committee

Bowdoin Career Advisory Network

Jonathan Short

Partner
  • T: 973.848.5394
    F: 973.297.3884
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Intellectual property and information technology are the lifeblood of business in the modern global economy. Mr. Short practices in all areas of intellectual property law, representing clients in disputes and transactions relating to patent, trademark, trade dress, copyright and trade secret, as well as unfair trade/business practices, cyberlaw and data privacy issues.  Mr. Short is dedicated to providing business-minded solutions to corporate clients (from startups to international market leaders), including litigation avoidance and pre-litigation counseling.  Mr. Short has extensive experience with litigation and transactional counseling relating to computer technology, including flash memory products (non-volatile computer storage).  Mr. Short has additional patent litigation experience relating to variable speed pool pumps, athletic footwear technology, and other consumer products.  Mr. Short’s experience also extends to counseling companies in transactional situations, including drafting and interpreting multi-million dollar royalty agreements.  Mr. Short has litigated several transaction-based disputes, including the alleged copyright infringement of a multi-million dollar software product.  Mr. Short also has extensive experience leading international e-discovery efforts in large litigations and representing clients in cyber-squatting and domain name disputes through counseling, litigation, and oftentimes international arbitration.

The Internet is a breeding ground for infringement. Mr. Short represents clients in cyber-squatting and domain name disputes where adversaries attempt to feed off the trademark owner's valuable rights. Oftentimes clients chose to resolve these disputes through arbitrations under the Uniform Domain Name Dispute Resolution Policy, which is faster and more cost-effective than litigation in the U.S. Federal Courts.

Early counseling, careful drafting, and taking protective measures in the short term often help companies avoid expensive litigation in the long term. Mr. Short regularly counsels clients on various legal topics, including wholesale and retail contracting, protection of intellectual property rights, and litigation avoidance. Mr. Short similarly has drafted and negotiated agreements for clients relating to copyright, trademark and patent licensing, as well as contractor, visual art, services, marketing, distribution, vendor confidentiality and access, supply, and agency agreements for companies of all sizes. Additionally, Mr. Short has prosecuted trademark applications before the United States Patent and Trademark Office, an advisable step for clients in protecting their rights and giving notice to would-be infringers.

Intellectual property and technology issues are often commingled with a company's other legal matters. Mr. Short's litigation practice therefore extends beyond intellectual property. He has investigated and successfully litigated several cutting edge cases related to the unlawful transmission of wireless text SPAM. Mr. Short also defended a large corporate client in a national digital technology class action involving, among other things, unfair competition claims under California law.

Data privacy is a headline-grabbing issue. Mr. Short drafted a white paper advising a client on data privacy issues for a multi-million dollar federal contract relating to data sharing in the transportation industry. He also obtained temporary and permanent injunctive relief on behalf of a national wireless service provider against defendants involved in stealing customers' personal information.

He has been recognized as a Chambers USA "Leaders in their Field" lawyer for 2012 and 2013 and a Super Lawyers Rising Star for 2013.

Mr. Short joined the Firm as an associate in 2003 after completing the Summer Associate Program in 2002.

Representative Matters

Solid State Storage Solutions, Inc. v. PNY Technologies, Inc. et al.
Currently representing PNY as a defendant against allegations of patent infringement relating to solid-state drive (SSD) products.
Civil Action No. 2:11-cv-00391 (E.D. Tex.)
Pentair Water Pools and Spa, Inc. et al. v. Hayward Industries, Inc. et al.
Currently representing Hayward as a defendant against allegations of patent infringement relating to variable speed pump products for pools and spas. 
Civil Action No. 5:11-cv-00459 (E.D.N.C.)
ASICS Corporation et al. v. Payless Shoesource, Inc.
Obtained preliminary injunction in favor of plaintiff ASICS and achieved successful resolution of trademark infringement case relating to stripe designs for footwear.
Civil Action No. 2:06-cv-03962 (C.D. Cal.)
Trans World Technologies, Inc. v. Lockheed Martin Corp. et al.
Represented Lockheed in defense of trade secret misappropriation allegations relating to the U.S. Navy's DDG-1000 program.
Civil Action No. 1:06-cv-05012 (D.N.J.)

Speaking

10/01/04
Data Privacy and Data Sharing Between Government and Industry: The Legal Landscape - Opportunities and Risks
Presentation to American Trucking Association Management Conference & Exhibition

Publications

04/01/09
McCarter & English, LLP IP/IT Intellectual Property & Technology Update (Vol. 4, Issue 1)
01/01/04
An Economic Analysis of the Law Surrounding Data Aggregation in Cyberspace
56 MAINE LAW REVIEW 61
01/01/03
Sexual Violence as Genocide: The Developing Law of the International Criminal Tribunals and the International Criminal Court
Michigan Journal of Race and Law, 8 MICH. J. RACE & L. 503
01/01/02
‘Something of a Sport:' The Effect of Sandoval on Title IX Disparate Impact Discrimination Suits
9 William And Mary Journal Of Women And The Law 119