About

Dave Kelly has represented clients in trademark, copyright, unfair competition issues for more than 35 years, with a focus on litigation, disputes, domain names and internet issues, and strategic counselling. Dave represents many famous brands and has handled numerous high-profile matters, including obtaining a preliminary injunction followed by an award of $19,200,000 in statutory damages for trademark counterfeiting against a large, high-profile online print-on-demand retailer and the first fame findings for Harley-Davidson’s marks H-D and HD (E.D. Wisconsin 2018), and successfully enforcing AstraZeneca’s single-color “purple” trademark for its NEXIUM® heartburn medication against two generic pharma companies, obtaining temporary restraining orders and preliminary injunctions on both infringement and dilution grounds along with the first fame finding for AstraZeneca’s “purple” color mark (D. Delaware 2015).

Dave is consistently recognized as one of the country’s elite trademark lawyers. In 2022, Legal 500 US named Dave as a Leading Lawyer, Legal 500’s top category, for both trademark litigation and non-contentious matters for the 15th consecutive year. Only ten or so U.S. lawyers were named in each category, and during the past decade Dave was either the only U.S. lawyer or one of a few lawyers named in both categories. In 2017, Dave was named to the inauguralLegal 500 Hall of Fame—only 11 U.S. trademark lawyers were recognized, with Dave the only lawyer named for both trademark categories. According to Legal 500 feedback, clients describe Dave as “a leader in the field,” “a superstar,” “an outstanding trademark litigator,” “among the market leaders in trademark disputes” and “an exceptionally bright and thoughtful advocate.” Clients also look to Dave for strategic advice based on his reputation as being “full of business savvy” and “a source of much practical advice… that understands our business in a way that most lawyers don’t.”

In 2022, WTR 1000 named Dave one of the top 10 lawyers nationwide for both trademark enforcement and litigation (7th consecutive year) and trademark prosecution and strategy (5th consecutive year). Dave was one of only a few lawyers named to both categories in WTR 1000’s top band of nationally recognized lawyers. According to client and peer feedback, Dave “has an impeccable reputation and is unanimously hailed as one of the foremost trademark minds in the United States”; is “arguably the best trademark practitioner in the country”; “the man to call” for “make-or-break disputes”; “a redoubtable litigator”; “smart as a whip and always 10 steps ahead of his rivals”; “when complex questions arise, he thinks outside of the box to deliver ingenious solutions”; “he has an uncanny ability to immediately reach the right conclusion on something – he doesn’t need time to process things”; “one of the best there is at coming up with creative solutions that precisely fit a brand’s needs”; “strategic, thoughtful and responsive, and continues to raise the bar for what it means to be an excellent external partner”; a lawyer who “maintains strong relationships with massive brands and has built a stunning firm around him”; “has a fantastically clear grasp of things and is an eminently practical and skilled negotiator” whose “substantial proficiency and estimable business acumen single him out in the field”; and “his real-world advice doesn’t elevate law above business.”

Dave has also been recognized as an IP Star by Managing Intellectual Property for 12 consecutive years. IP Stars feedback includes that Dave is a “leader in the field,” a “superstar,” and has “unparalleled knowledge and experience in trademark litigation and TTAB cases.” Dave has been similarly recognized by WIPR, Expert Guides, and others.

Before co-founding Kelly IP, Dave practiced 26 years at Finnegan, Henderson, Farabow, Garrett & Dunner.