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| Phone: (202) 342-8436 |
Fax: (202) 342-8451 |
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| David Ervin is a Partner in the Firm's Intellectual Property and Advertising and Marketing Law Groups. He focuses on the interplay between intellectual property and advertising, and advises clients on protecting their intellectual property rights with regards to advertising, sponsorship, licensing, e-commerce, endorsement and joint promotion issues.
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Representative Experience:
Mr. Ervin's counseling experience includes:
- Regularly handling the negotiation and drafting of advertising, sponsorship, joint marketing and promotion agreements for wireless, hospitality, manufacturing, technology, pharmaceutical, and software companies; quick-serve restaurants; and Internet service providers.
- Counseling and advising clients in structuring trademark, patent, and copyright licensing programs, including the negotiation and drafting of license agreements, establishing royalty structures, and training marketing and sales personnel.
- Counseling clients in securing copyright and trademark protection before the Register of Copyrights, the U.S. Library of Congress, and the U.S. Patent and Trademark Office.
- Conducting intellectual property audits and due diligence reviews for business acquisitions and security placements.
Recent projects include structuring high-profile promotions in conjunction with the release of major motion pictures, sponsorship of professional sports teams and entertainment industry events, and the creation of co-branded enhanced services and product programs.
Additionally, Mr. Ervin's litigation experience includes a variety of patent, trademark, unfair competition, trade dress, copyright and trade secret infringement matters, as well as cases involving misappropriation of trade secrets, non-competition, non-disclosure and tortious interference claims. He has experience:
- Obtaining judgments and awards requiring transfer of domain name and trademark rights under the ACPA and UDRP.
- Representing a leading wireless telecom company in defense of multiple consumer class actions and multi-district litigation.
- Representing a major Internet service provider in defense of multiple advertising-related consumer class actions filed in seven different federal and state courts.
- Obtaining a preliminary injunction on behalf of a sports manufacturer against a competitor to enjoin trademark and trade dress infringement.
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Professional Activities:
Mr. Ervin is a member of the licensing committee for the Virginia State Bar and the District of Columbia Bar AIPLA. |
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Publications:
"Consumer-Generated Content is Hot," Entertainment Law & Finance, May 2007, with Gonzalo Mon. |
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Speaking Engagements:
How to Benefit from User-Generated Content While Reducing the Risks, Kelley Drye Continuing Legal Education Seminar, New York, NY, October 7, 2008.
It’s an Homage, It’s Political Commentary, It’s…It’s…NOT NECESSARILY FAIR USE— How to Recognize Where the Line MUST Be Drawn Before Content Goes Too Far, American Conference Institute's User-Generated Content and Social Networking Conference, July 2008.
Live Sporting Events: Strategic Approaches for Maintaining Control Over the Brand, American Conference Institute’s 2nd Advanced Legal & Business Forum on Sports Marketing & Advertising Law, September, 2007. |
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Prior Positions:
Prior to joining Kelley Drye, Mr. Ervin clerked for the Hon. Leonie M. Brinkema, United States District Court, Eastern District of Virginia in Alexandria, Virginia, and for the Office of the General Counsel, General Accounting Office in Washington, D.C. |
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Bar Admissions:
District of Columbia
Virginia
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| Education:
American University, JD, 1992
American University, BA, 1989
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Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, DC 20007-5108
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