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David S. Fleming

Senior Counsel
Senior Counsel
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VCard
VCard

Areas of Focus

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.

Dave’s litigation experience has included disputes relating to keyword advertising; gray market imports; infringement of trademarks relating to a wide range of goods and services, such as mobile phones, sports shoes and apparel, insurance services, and film and other entertainment services; domain name matters; and copyright issues relating to the use of music in videos. Dave has counseled clients in wide-ranging areas touching on trademark and other intellectual property rights, including development and expansion of global trademark portfolios, due diligence concerning intellectual property assets included in transactions, development of trademark use policies and requirements, and advice concerning trademark enforcement programs.

Dave also has served in leadership roles in the global trademark community. For example, he was counsel to the board of the International Trademark Association, and he also has served INTA on its board of directors and as chair of its annual meeting and other programs. INTA recognized Dave with its President’s Award in 2016. Dave has spoken frequently on trademark issues, and he was a co-author of a trademark book, Trademark Litigation Practice, published by Bloomberg BNA, from 2010 through 2018.

Dave served as the first managing partner of Crowell’s Chicago office. Prior to joining the firm, he was a shareholder at Brinks Gilson & Lione and served as a member of its Board and Executive Committee and as the firm’s General Counsel.

Career & Education

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    • Georgetown University School of Foreign Service, 1975
    • Northwestern University, B.A., 1978
    • University of Illinois College of Law, J.D., 1981
    • 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
    • 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

    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

David's Insights

Firm News | 1 min read | 06.18.24

Four Crowell Attorneys Named World Trademark Review 2024 Global Leaders

World Trademark Review has recognized four Crowell & Moring attorneys in its WTR Global Leaders 2024 guide. The guide, which is in its sixth edition, “brings together the world’s foremost law firm and corporate trademark experts, allowing the wider community to benefit from their insight, experience and perspectives.”

View All Insights

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 | 1 min read | 06.18.24

Four Crowell Attorneys Named World Trademark Review 2024 Global Leaders

World Trademark Review has recognized four Crowell & Moring attorneys in its WTR Global Leaders 2024 guide. The guide, which is in its sixth edition, “brings together the world’s foremost law firm and corporate trademark experts, allowing the wider community to benefit from their insight, experience and perspectives.”

View All Insights

Recognition

  • World Trademark Review 1000: National Silver Band, Enforcement & Litigation, 2017–2021 
  • World Trademark Review 1000: Illinois Gold Band, Enforcement & 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 | 1 min read | 06.18.24

Four Crowell Attorneys Named World Trademark Review 2024 Global Leaders

World Trademark Review has recognized four Crowell & Moring attorneys in its WTR Global Leaders 2024 guide. The guide, which is in its sixth edition, “brings together the world’s foremost law firm and corporate trademark experts, allowing the wider community to benefit from their insight, experience and perspectives.”

View All Insights

Insights

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

What We've Learned About TM Modernization Rules So Far

Firm News | 2 min read | 03.07.22

World Trademark Review Ranks Crowell & Moring in WTR 1000
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View All Insights

Practices

Industries

David's Insights

Firm News | 1 min read | 06.18.24

Four Crowell Attorneys Named World Trademark Review 2024 Global Leaders

World Trademark Review has recognized four Crowell & Moring attorneys in its WTR Global Leaders 2024 guide. The guide, which is in its sixth edition, “brings together the world’s foremost law firm and corporate trademark experts, allowing the wider community to benefit from their insight, experience and perspectives.”

View All Insights