Timothy Joseph Ervin

Tim has extensive experience representing clients and protecting their valuable intellectual property rights in matters involving trademark, copyright, rights of publicity and internet law. He has represented clients in a multitude of litigation matters throughout the federal courts of the United States as well as abroad involving trademark infringement, counterfeiting, false endorsement, unfair competition, dilution, copyright infringement, criminal copyright infringement and violation of rights of publicity. Tim further counsels clients with respect to the selection, use and enforcement of trademarks and handles the selection, negotiating and licensing of intellectual property rights.

Tim is a 1991 cum laude graduate of Suffolk University and a 1994 cum laude graduate of Suffolk University Law School. Following law school Tim was a litigation associate with the firm of Kroll & Tract handling the defense of complex catastrophic personal injury cases. Tim further worked for several years as a litigation associate with the municipal law firm of Kopelman & Paige. In 2000, Tim founded Gallant & Ervin with his partner John Gallant to focus on the handling of litigation matters with an emphasis on intellectual property protection. Tim has handled the protection and defense of the intellectual property rights on behalf of the rights holders for Bob Marley, Elvis Presley, Jimi Hendrix, Ray Charles, Johnny Cash, Miles Davis and James Brown among others. He has extensive experience negotiating intellectual property rights and licensing agreements. He also represents artists in the protection of their copyrighted works through the filing of registrations and in suits for copyright infringement as well as in the negotiation and licensing of their copyrighted works.

Tim is admitted to practice before the state courts in Massachusetts and New Hampshire and is admitted in the United States District Courts of Massachusetts and New Hampshire and before the United States First Circuit Court of Appeals. He has handled intellectual property litigation matters before the federal courts in Massachusetts, New Hampshire, Rhode Island, Florida, New York, California, Nevada, Oklahoma, Texas, New Jersey and Georgia and appeared before the Eleventh Circuit Court of Appeals. He published in article on Prosecuting Trademark Infringement Actions and ECF Filing in the spring 2006 New Hampshire Bar Journal. Tim further serves as legal counsel for the producers of Hammer & Sickle Vodka and Hammer & Sickle cigars.

Areas of Practice

  • Intellectual Property Litigation
  • Intellectual Property Licensing
  • Commercial/Civil Litigation

Litigation Percentage

  • 90% of Practice Devoted to Litigation

Bar Admissions

  • Massachusetts, 1994
  • New Hampshire, 2000
  • U.S. District Court District of Massachusetts, 1995
  • U.S. District Court District of New Hampshire, 2000
  • U.S. Court of Appeals 1st Circuit, 1995

Education

  • Suffolk University Law School, Boston, Massachusetts
    • J.D. cum laude – 1994
  • Suffolk University, Boston, Massachusetts
    • B.S. cum laude – 1991

Published Works

  • Prosecuting Trademark Infringement & ECF, New Hampshire Bar Journal, Volume 47, No. 1, 2006

Honors and Awards

  • Massachusetts Super Lawyer, 2005

Professional Associations and Memberships

  • Massachusetts Bar Association, 1994 – 2009

Past Employment Positions

  • Kopelman & Paige, P.C., Associate, 1997 – 1999
  • Kroll & Tract, LLP, Associate, 1994 – 1997

Pro Bono Activities

  • Greater Lowell Boys & Girls Club, 2003 – 2009

Fraternities/Sororities

  • Tau Kappa Epsilon