Kelley Drye

Attorneys & Professionals 

David J. Ervin

Partner Email vCard
Washington, D.C.
Phone: (202) 342-8436
Fax: (202) 342-8451

David Ervin is a partner in the firm's Washington, D.C. office. He focuses his practice on the interplay between intellectual property and advertising law, and advises clients on managing and protecting their brands and intellectual property rights in connection with their advertising, media, sponsorship, licensing, sports marketing, e-commerce, manufacturing and joint promotion activities.

Mr. Ervin regularly handles the negotiation and drafting of marketing, sponsorship, endorsement and promotion agreements for advertisers and agencies. Recent projects include structuring high-profile promotions in conjunction with the release of major motion pictures, sponsorship of professional sports leagues and teams and entertainment industry events, and creation of co-branded enhanced services and products, loyalty and gift card programs.

Mr. Ervin 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 provides frequent counsel and speaks regularly on current industry topics, including social media, user-generated content, fair use, blogging, and online copyright and trademark infringement. Recommended by US Legal 500 for his work in the Marketing & Advertising area, clients report that Mr. Ervin does “an excellent job of balancing the legal risk and the business exigencies” concerning new media campaigns.

Mr. Ervin counsels and advises clients in structuring content, trademark and patent licensing programs, including negotiating and drafting license agreements, establishing royalty structures, and ensuring compliance with e-commerce laws and regulations. He counsels clients in securing copyright and trademark protection before the U.S. Copyright Office and the U.S. Patent and Trademark Office. He also conducts intellectual property audits and due diligence reviews for business acquisitions and security placements.

Mr. Ervin's litigation experience includes a variety of patent, trademark, domain name, 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.

Prior to joining the firm, Mr. Ervin 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, DC.

Representative Experience

Representing travel, automotive, quick-serve restaurant, telecom, and other clients in negotiating category and team sponsorships with professional and amateur sports leagues and teams, including the NFL, NASCAR, NBA, MLB, NHL, MLS, NCAA and PBR.

Obtaining judgments and awards requiring transfer of domain name and trademark rights under the Anticybersquatting Consumer Protection Act (ACPA) and Uniform Domain Name Dispute Resolution Policy (UDRP).

Obtaining a preliminary injunction on behalf of a sports manufacturer against a competitor to enjoin trademark and trade dress infringement.

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.

Memberships & Associations

Virginia State Bar
District of Columbia Bar
American Bar Association
American Intellectual Property Law Association, Licensing Committee
International Trademark Association
Sports Law Association

Community Activities

Little league coach

Honors & Awards

Recommended in US Legal 500 for his work in the Marketing & Advertising area, 2012-2013.

Listed as a leading lawyer in The International Who’s Who of Sports & Entertainment Lawyers 2013.

Listed as a leading lawyer in The International Who’s Who of Business Lawyers 2014.

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Publications
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December 2013

Food and Consumer Health Product Claims Substantiation: A Comprehensive Guide

Food and Drug Law Institute Resources

Events
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April 9, 2014

Motorsports Goes Hollywood: SAG-AFTRA and Guild Issues

The Racing Attorney Conference 2014