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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-chair of the Advertising & Media Group, and a member of the Intellectual Property 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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Legal 500 United States Ranks Crowell & Moring in Five Practice Areas in 2020 Guide (Jul.20.2020)
Firm News / Announcement
"Supreme Court Finds that "Generic.com" Terms Can Be Trademarks," Advertising & State AG Alert (July 6, 2020). Contacts: David Ervin, Deirdre Long Absolonne, Michelle Chipetine, Suzanne Trivette
Client Alert / Newsletter
"Raising the Stakes for Trademark Damages: Romag Fasteners, Inc. v. Fossil, Inc.," IP Insights (April 29, 2020). Contacts: David Ervin, Anne Elise Herold Li, Ilana Lubin, Siri Rao, Suzanne Trivette
Client Alert / Newsletter
"Coloring in the Lines – Protecting Colorful Product Packaging Just Became Easier," IP Insights (April 14, 2020). Contacts: Anne Elise Herold Li, James K. Stronski, David Ervin, Michelle Chipetine
Client Alert / Newsletter
LITIGATION NOTE: Crowell & Moring Secures Win for Client Molson Coors’ Hard Seltzer Launch (Apr.10.2020)
Firm News / Announcement
"Tokyo Olympics Move May Spark Wave Of Contract Litigation," Law360 (March 30, 2020). Authors: Christopher A. Cole, David Ervin, and Holly A. Melton.
Publication
"2020 Tokyo Olympics Postponed Due to COVID-19: What Can Advertisers and Other Affected Parties Do? ," Advertising & State AG Alert (March 25, 2020). Contacts: Christopher A. Cole, David Ervin, Holly A. Melton
Client Alert / Newsletter
"NCAA Vote Opens Door to Potential Endorsements in College Athletics," Advertising & State AG Alert (November 7, 2019). Contacts: David Ervin, Sari Schreiber
Client Alert / Newsletter
"Stalking Social Media: The Rise in Counterfeit Products and Intellectual Property Concerns," FashionUnited (October 4, 2019). Authors: David Ervin and Siri Rao.
Publication
The Best Lawyers in America 2020 Recognizes 49 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year (Aug.16.2019)
Firm News / Announcement

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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