David S. Fleming
Overview
David Fleming has 40 years of litigation and counseling experience, focusing on trademark, unfair competition, and copyright issues for clients in many different industries. He advises clients with complex branding, clearance, licensing, due diligence, and similar intellectual property rights issues.
Career & Education
- Georgetown University School of Foreign Service, 1975
- Northwestern University, B.A., 1978
- University of Illinois College of Law, J.D., 1981
- Illinois
- Supreme Court of the United States
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. Court of Appeals for the Seventh Circuit
Professional Activities and Memberships
- International Trademark Association
Counsel, 2014–2015
Board of Directors, 2010–2012
CEO Search Committee, 2011–2013
Co-Chair, 2011 Advanced Trademark Symposium
Co-Chair, 2007 Annual Meeting
Co-Chair, 2004 Trademark Administrators Program
U.S. Amicus Committee, 2016–present
Programs Committee, 2007–2011
Past committee memberships: Trademark Reporter Editorial Board
Oral argument judge, Saul Lefkowitz Moot Court Competition, Midwest Region, 2008–2018
Faculty member, INTA Trial Advocacy Program, Chicago, Illinois, July 14–15, 2000 - Intellectual Property Law Association of Chicago
Board of Managers, 2009–2011
Chair, Creative Achievement Award Committee, 2007–2009
Chair, Internet Law Committee, 2005–2006 - American Bar Association
Annual Review Vice Chair, Trademark Division, Intellectual Property Law Section, 2010–2011 - Richard Linn American Inn of Court
Mentorship Chair, 2007–2008
- International Trademark Association
David's Insights
Firm News | 3 min read | 02.03.25
World Trademark Review Ranks Crowell & Moring in WTR 1000 2025 Guide
Chicago – February 3, 2025: World Trademark Review again recognized Crowell & Moring as a top trademark firm in its 2025 guide. Crowell received the highest ranking—gold—in the Belgium national ranking, and in Illinois for enforcement and litigation, and prosecution and strategy. The firm also achieved “Recommended” status in the International category and silver in the U.S. National category, and earned recognition as a top firm in California.
Firm News | 1 min read | 06.18.24
Four Crowell Attorneys Named World Trademark Review 2024 Global Leaders
Firm News | 2 min read | 02.09.23
World Trademark Review Ranks Crowell & Moring in WTR 1000 2023 Guide
Publication | 08.23.22
Representative Matters
- Successfully defended a sports apparel manufacturer in a trademark infringement action, securing summary judgment.
- Represented a consumer products company in a copyright action involving the use of music in videos posted on social media sites.
- Represented an insurance company in a trademark infringement matter concerning an aggregator's use of the client's name in keyword advertising.
- Defended search engine companies in numerous cases alleging trademark infringement in keyword advertising.
- Represented a tobacco company through trial and appeal in a trademark infringement case resulting from the defendant's sale of gray market goods.
- Represented a mobile phone manufacturer in litigation relating to the use of one of the company's flagship brands.
- Represented a search engine in a case involving right of publicity issues.
- Represented a search engine in an action against a leading entertainment company based on infringement of the search engine's name and logo.
David's Insights
Firm News | 3 min read | 02.03.25
World Trademark Review Ranks Crowell & Moring in WTR 1000 2025 Guide
Chicago – February 3, 2025: World Trademark Review again recognized Crowell & Moring as a top trademark firm in its 2025 guide. Crowell received the highest ranking—gold—in the Belgium national ranking, and in Illinois for enforcement and litigation, and prosecution and strategy. The firm also achieved “Recommended” status in the International category and silver in the U.S. National category, and earned recognition as a top firm in California.
Firm News | 1 min read | 06.18.24
Four Crowell Attorneys Named World Trademark Review 2024 Global Leaders
Firm News | 2 min read | 02.09.23
World Trademark Review Ranks Crowell & Moring in WTR 1000 2023 Guide
Publication | 08.23.22
Recognition
- World Trademark Review 1000, 2025
- World Trademark Review 1000: National Silver Band, Enforcement and Litigation, 2017–2021
- World Trademark Review 1000: Illinois Gold Band, Enforcement and Litigation, 2013, 2016–2021
- World Trademark Review: Global Leaders, 2020
- International Trademark Association: President’s Award, 2016
- Illinois Super Lawyers: Intellectual Property Litigation, 2005–2017
- Law Bulletin Publishing Company: Leading Intellectual Property Lawyer, Leading Lawyers Network, 2004, 2005, 2007, 2009–2012, 2014
- Who’s Who Legal: Trademarks, 2012, 2014
- Computer & Technology Law: Leading Lawyer, 2009
- Euromoney Legal Media Group: “Guide To The World’s Leading Trademark Law Practitioners,”, 2002, 2009
David's Insights
Firm News | 3 min read | 02.03.25
World Trademark Review Ranks Crowell & Moring in WTR 1000 2025 Guide
Chicago – February 3, 2025: World Trademark Review again recognized Crowell & Moring as a top trademark firm in its 2025 guide. Crowell received the highest ranking—gold—in the Belgium national ranking, and in Illinois for enforcement and litigation, and prosecution and strategy. The firm also achieved “Recommended” status in the International category and silver in the U.S. National category, and earned recognition as a top firm in California.
Firm News | 1 min read | 06.18.24
Four Crowell Attorneys Named World Trademark Review 2024 Global Leaders
Firm News | 2 min read | 02.09.23
World Trademark Review Ranks Crowell & Moring in WTR 1000 2023 Guide
Publication | 08.23.22
Insights
Trademark Litigation Practice (Bloomberg BNA)
|01.03.12
Trademark Litigation Practice (Bloomberg BNA)
|01.07.11
"TTAB sustains opposition based on likelihood of dilution by blurring," Globe Business Publishing
|07.12.10
World Trademark Review
La Cafeti?re Can Continue Selling its Coffee Makers, Says Court
|05.05.09
World Trademark Review Daily
A Closer Look at Rescuecom v. Google
|04.08.09
Law360
Rescuecom and Keyword Advertising Issues
|04.02.09
Law360
Keyword Advertising Remains Unsettled
|11.01.08
Landslide
Win Some, Lose Some
|09.01.08
World Trademark Review
David's Insights
Firm News | 3 min read | 02.03.25
World Trademark Review Ranks Crowell & Moring in WTR 1000 2025 Guide
Chicago – February 3, 2025: World Trademark Review again recognized Crowell & Moring as a top trademark firm in its 2025 guide. Crowell received the highest ranking—gold—in the Belgium national ranking, and in Illinois for enforcement and litigation, and prosecution and strategy. The firm also achieved “Recommended” status in the International category and silver in the U.S. National category, and earned recognition as a top firm in California.
Firm News | 1 min read | 06.18.24
Four Crowell Attorneys Named World Trademark Review 2024 Global Leaders
Firm News | 2 min read | 02.09.23
World Trademark Review Ranks Crowell & Moring in WTR 1000 2023 Guide
Publication | 08.23.22