Peter D. Kennedy

Our trial lawyers prosecute and defend injunction and arbitration proceedings, trials, appeals and other disputes involving traditional intellectual property issues such as patent infringement, trademark and trade dress infringement, copyright infringement, trade secret misappropriation, breach of noncompete agreements, unfair competition, economic espionage and deceptive advertising. We also assist clients in disputes involving cutting edge issues of internet and technology law, including free speech and privacy rights, information security, the Digital Millennium Copyright Act (DMCA), the use of keywords and metatags, music piracy, spamming, spyware, hacking, phishing, and cybersquatting. In addition, our lawyers handle administrative proceedings involving intellectual property issues, such as proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP).

IP Transactions and Client Counseling

We help both established and emerging growth companies acquire and protect intellectual property rights and maximize the value of those rights. Our lawyers counsel clients on a wide variety of IP matters such as such as inbound and outbound licensing of software and other intellectual property, distribution agreements, OEM and VAR agreements, IP development agreements, outsourcing, university technology commercialization, publishing, professional services and consulting agreements, employment and independent contractor issues, start-up and M&A transactions, and internet commerce.

Minimizing Risk

We understand the importance of helping our clients avoid claims of deceptive advertising and infringement of intellectual property rights by competitors, consumers, trade groups such as the Business Software Alliance (BSA) and governmental agencies such as the Federal Trade Commission (FTC). We work with our clients to proactively identify and minimize the risk of infringement and deceptive advertising by reviewing the clients’ rights to use third-party IP and conducting pre-publication review of print and internet advertising materials, websites and blogs.

Strategic Protection of Trademarks

We help clients protect their valuable trademarks and service marks in registration proceedings before the United States Patent and Trademark Office and in contested proceedings before the United States Trademark Trial and Appeal Board (TTAB). We also assist clients in developing and implementing global strategies for protecting their trademarks.