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David Ervin

Partner

dervin@crowell.com
Phone: +1 202.624.2622
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

David Ervin is a partner in the firm's Washington, D.C. office, co-lead of the Advertising & Media practice, and a member of the Technology & Brand Protection Group. He focuses on the intersection of advertising and intellectual property law.

His practice focuses on the relationship between advertising and intellectual property law, primarily for consumer brands making significant investments in media and content creation and licensing. Specifically, David helps clients manage and protect their brands and intellectual property rights in connection with their advertising, media, sponsorship, licensing, sports marketing, e-commerce, loyalty program, and joint promotion activities. He routinely handles the negotiation and drafting of marketing, sponsorship, endorsement, and promotion agreements for advertisers and agencies with entertainment properties, broadcasters, publishers, athletes, models, celebrities, and professional sports leagues and teams (including the NFL, NASCAR, IndyCar, NBA, MLB, NHL, MLS, NCAA, and PBR). His clients include companies in the automotive, hospitality, wireless, retail, fashion, food & beverage, software, internet service providers (ISP), and financial services industries, as well as professional athletes, musicians, and sports leagues.

David assists clients with advertising production and media placement matters that involve music and content clearance, rights of publicity, SAG/AFTRA, claim substantiation, media barter, product placement, and new media issues. He also provides counsel on current industry topics, including social media, gift cards and payment devices, branded content, native advertising, IoT and geolocation, fair use, and blogging.

His litigation practice is focused on intellectual property, consumer protection and advertising matters, with recent cases involving copyright infringement, counterfeit and gray market goods, and unfair competition. Additionally, David regularly counsels and advises clients in trademark clearance and prosecution matters, structuring content, and IP licensing programs, including negotiating and drafting licensing agreements, establishing royalty structures, and ensuring compliance with e-commerce laws and regulations.  

Prior to private practice, David served as a law clerk for the Honorable Leonie M. Brinkema in the U.S. District Court for the Eastern District of Virginia and for the Office of the General Counsel at the General Accountability Office in Washington, D.C. He earned his B.A. from The American University, cum laude with University Honors, and his J.D. from The American University, Washington College of Law, cum laude. He is a member of the District of Columbia and Virginia bars, as well as many federal, district, and appellate courts.

David is recommended by US Legal 500 2012-2014 for his work in the Marketing & Advertising area, and clients report that he does "an excellent job of balancing the legal risk and the business exigencies" concerning new media campaigns. He is also listed as a leading lawyer in both The International Who's Who of Sports & Entertainment Lawyers 2013 and 2014 and The International Who's Who of Business Lawyers 2014.

Education

  • American University, B.A. international relations (1989) cum laude with university honors
  • American University Washington College of Law, J.D. (1991) cum laude

Affiliations

Admitted to practice: District of Columbia, Virginia

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Firm News / Announcement
"The CASE Act Of 2020: New Board To Provide Low-Cost Resolution Of Copyright Small Claims," Intellectual Property & Technology Law Journal (June 8, 2021). Authors: David Ervin, Preetha Chakrabarti, and Carissa Wilson.
Publication
Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S. (May.20.2021)
Firm News / Announcement
Public Defenders, NAACP File Federal Court Challenge Demanding Immediate Removal of Racist Confederate Statue from Eastern Shore Courthouse (May.05.2021)
Firm News / Announcement
"Navigating NFT Brand Management Risks And Rewards," Law360 (April 30, 2021). Authors: David Ervin, Kayvan M. Ghaffari, and Carissa Wilson.
Publication
"NFT Risks and Opportunities in the IP, Advertising, and Brand Management Spaces," (April 16, 2021). Contacts: David Ervin, Deirdre Long Absolonne, Carissa Wilson
Client Alert / Newsletter
"U.S. Copyright Office Moves Forward with CASE Act Implementation; Seeks Public Comment," Administrative Law Alert (April 14, 2021). Contacts: David Ervin, Carissa Wilson
Client Alert / Newsletter
"What Cos. Need To Know Before Entering Nascent NFT Market," Law360 (March 31, 2021). Authors: Michelle Ann Gitlitz, David Ervin, and Carissa Wilson.
Publication

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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