Stephen A. Kennedy

Stephen A. Kennedy

Attorney Profile

Top Rated Intellectual Property Litigation Attorney in Dallas, TX

Kennedy Law
 | 1445 Ross Ave, Suite 2750
Dallas, TX 75202
Phone: 214-716-4343
Fax: 214-593-2821
Selected to Super Lawyers: 2011 - 2012, 2014 - 2018
Licensed Since: 1988
Practice Areas:
  • Intellectual Property Litigation (50%),
  • Business Litigation (50%)
Attorney Profile

Mr. Kennedy began his career 30 years ago with the honor of serving as one of two judicial clerks for The Honorable J. Craig Wright of the Ohio Supreme Court. This unique opportunity trained Mr. Kennedy to evaluate cases from the other side of the bench, exposing Mr. Kennedy to different writing styles and arguments of attorneys and how Supreme Court Judges evaluate cases. Over four different decades of legal practice, Mr. Kennedy unremittingly imposes on himself the standard of analysis required during his judicial clerkship as he represents clients in the private sector.

Today, Mr. Kennedy serves on the Dallas Bar Association Ethics Committee as well as the Judiciary Committee. He regularly writes for the Dallas Bar Headnotes on issues pertaining to ethics.

Mr. Kennedy has successfully represented clients in high profile litigation matters, intellectual property transactions, arbitration proceedings and employment litigation matters.   He has specific experience in litigating:

Patent infringement and related antitrust actions involving surveillance technology, medical devices, lasers, semiconductors, photography equipment and chemical compounds.

Business Litigation cases involving shareholder disputes, FINRA arbitration cases, whistleblower litigation, SOX claims, legal malpractice cases, AAA arbitration matters. Mr. Kennedy has represented banks in lender liability cases throughout his career.

Copyright cases involving software, architectural drawings, photography, paintings, silversmith artwork and literary works such as television pilot scripts. He has litigated cases involving rights to a publication licensing agreement and is handling on-going litigation involving screen writer and literary works.

Trademark infringement such as Lanham Act disputes, standard trademark infringement, trademark opposition proceedings. He has assisted clients in general trademark registration.

Trade secret representations including both transactional and litigation matters involving confidentiality agreements and nondisclosure agreements.

Theft of trade secret cases in software cases, metallurgy, dental practice techniques, use of lasers, client prospects, business contacts and other business enterprise trade secrets.

Right of publicity cases, including representing a popular recording artist, an international fashion model, a nationally syndicated talk show host and a reality TV star.

Digital Millennium Copyright Act (DMCA) matters involving digital rights   management, circumvention   litigation, takedown notices, online liability limitation and Computer Maintenance Competition Act matters.

Membership and Bar Admissions

United States Supreme Court

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Seventh Circuit

United States Court of Appeals for the Ninth Circuit

United States District Court for the Northern District of Texas

United States District Court for the Eastern District of Texas

United States District Court for the Southern District of Texas

United States District Court for the Western District of Texas

United States District Court for the District of Colorado

United States Court of Federal Claims

Texas Supreme Court and all state courts of Texas

 Selected for Dallas Bar Association Ethics Committee (current)

Selected for Dallas Bar Association Judiciary Committee (current)

Chairman, Intellectual Property Group, State Bar of Texas Litigation Section, 1992

 

Education and Credentials

J.D., University of Toledo College of Law (1987) (cum laude; Order of the Coif; Editor, Law Review)

B.A., Vanderbilt University, History and Sociology (1984)

White Papers

  • Injunctions, Impoundment, Orders, and Contempt in Copyright Litigation (2007) - The paper discusses injunctions, impoundment orders and contempt in the context of a copyright case involving engineering software.

  • MGE UPS Systems, Inc. v. Titan Specialized Services, Inc. The Largest Recorded Copyright Contempt Judgment and Its Effect on IP Law - The paper discusses the consequences of violating a preliminary injunction in the context of a copyright case involving engineering software.

  • About Stephen Kennedy

    Admitted: 1988, Texas

    Professional Webpage: http://www.saklaw.net/attorneys/stephen-kennedy/

    Honors and Awards:

    • Graduated Cum Laude, Order of the Coif and served as Technical Editor for the University of Toledo, College of Law., Cum Laude, Order of the Coif and Law Review, University of Toledo, College of Law, 1987
    • AV rated, Martindale-Hubbell

    Bar/Professional Activity:

    • Serves on Dallas Bar Association Ethics Committee, 2016
    • 1988 Chairman, Intellectual Property Law Group for Litigation Section, State Bar of Texas., 1988
    • Member of American Bar Association Chairman, Intellectual Property Group, State Bar of Texas Litigation Section, 1992
    • City Councilman, Place 5 – City of Bedford, Texas, 1993-95
    • Vice-Chairman, City of Bedford, Texas Planning and Zoning Commission, 1992-93
    • Member, Pastoral Advisory Council – Saint Michael’s Catholic Community, 1992-95
    • U.S. Court of Appeals Federal Circuit
    • U.S. Court of Appeals 5th Circuit
    • U.S. District Court District of Colorado
    • U.S. District Court Western District of Texas
    • U.S. District Court Southern District of Texas
    • U.S. District Court Eastern District of Texas
    • U.S. District Court Northern District of Texas
    • Texas

    Pro bono/Community Service:

    • Lead counsel for American Fallen Warrior Memorial Foundation in trademark litigation and other matters involving the Foundation's efforts to honor fallen warriors and celebrate their lives.  , 2011

    Scholarly Lectures and Writings:

    • The author addresses whether disparaging trademarks can be registed under federal law. , Lead Author, Trademarks and Government Speech: The US Supreme Court Addresses the Constitutionality of the Lanham Act's Disparagement Clause, Thomson Reuters, 2016
    • Independent Capital Management, LLC v. Collins, 261 S.W.3d 792, Dallas App., reversing a preliminary injunction, 2009
    • Lead author, Injunctions, Impoundment, Orders, and Contempt in Copyright Litigation, Intell. Prop. Litig., Intell. Prop. Litig. Comm. of the A.B.A. Sec. of Litig., Chicago, IL, Summer, at 17, 17. Published in the American Bar Association Journal, 2007
    • Co-Authored Business Tort Outline for University of Houston Law Center, 1995
    • Co-Authored Damages Outline for University of Houston Law Center, 1999-2000
    • Lead Author, MGE UPS Systems, Inc. v. Titan Specialized Services Inc. The Largest Recorded Copyright Contempt Judgment and Its Effect on IP Law, IPL Newsletter, (A.B.A. Sec. of Intell. Prop. Law, Chicago, IL), Fall 2007, at 1, 4
    • Featured Speaker at Texas Lawyer Intellectual Property Roundtable, 2007-2009
    • Texas Instruments Incorporated v. Cypress Semiconductor, et. al., 39 U.S.P.Q.2d 1481, N.D. Tex.1995
    • Hampton Hardware, Inc. v. Cotter & Co., Inc., 156 F.R.D. 630, N.D. Tex. 1994
    • Donald Hugh Henley v. Dillards Department Stores, 46 F. Supp.2d 587, N.D. Tex., representing recording artist Don Henley, 1999
    • Service Asset Management Co. v. Hibernia Corp. ̧ 80 F.Supp.2d 626, E.D. Tex., representing Service Asset Management Company, 2000
    • Image Dynamics et. al. v. Foto Fantasy, Inc., et al., 240 F. Supp.2d 608, N.D. Tex., representing Image Dynamics, 2002
    • KIS, S.A. et. al. v. Foto Fantasy, Inc., et al., 204 F. Supp.2d 968, N.D. Tex. 2001, representing KIS, S.A.
    • PMI Photomagic v. Foto Fantasy, 60 Fed.Appx. 319, 2003 WL 722181, Fed.Cir., representing PMI Photomagic in successful patent appeal, 2003
    • Kirsch v. Uncle Julio’s Corp. et. al., slip op., No. 3:02-CV-1583-K, N.D. Tex, after obtaining defense verdict in architectural copyright infringement case, court awarded $737,000 in attorneys’ fees and expenses to defendant, 2003
    • MGE UPS Systems, Inc. v. Fakouri Electrical Engineering, Inc., 422 F. Supp.2nd. 724, N.D. Tex., opinion of Judge Means on summary judgment motions in copyright infringement case, 2006
    • MGE UPS Systems, Inc. v. Titan Specialized Services, Inc., et. al., slip op., No. 3:04-0231, M.D.Tenn., December 8, court awards contempt penalties of $27 Million for violation of injunction, 2006

    Verdicts and Settlements:

    • Jury verdict in Copyright infringement case of $4.6 Million in N. D. Tex, Fort Worth Division (representing plaintiff); Jury verdict of no copyright infringement in case involving architectural drawings, N. D. Tex., Dallas Division (representing defendant) 

    Representative Clients:

    • In a copyright infringement case, Defended creator of computer application used to instruct hearing impaired children; case was dismissed with no liability, 2016
    • Representing Commerce Street Capital in action for breach of investment banking agreement, 2016
    • Representing 3rd Eye Surveillance against the United States Government for infringement of three US Patents, 2016
    • Obtained finding of wiful trademark infringement and obtained permanent injunction in trademark case tried to a jury in the United States District Court for the Eastern District of Texas, Tyler Division, 2014
    • Represented photographer in copyright litigation against Disney Group, ESPN, Competitor Magazine, etc., 2009

    Educational Background:

    • Vanderbilt University, Nashville, Tennessee., 1984

    Industry Groups

    • Artists
    • FINRA Broker Dealers
    • High Technology Companies
    • VC Firms
    Office Location for Stephen A. Kennedy

    1445 Ross Ave
    Suite 2750
    Dallas, TX 75202

     

    Stephen A. Kennedy:

    Last Updated: 3/9/2018

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