Jennifer L. Kovalcik

Transcription

1 Jennifer L. Kovalcik Title: Member Location: Nashville, TN Louisville, KY Download: vcard Phone: Fax: Jennifer Kovalcik is a member of the Intellectual Property and Technology Service Group in the firm's Nashville and Louisville offices. Her practice concentrates on designing and implementing intellectual property (IP) protection plans, enforcing intellectual property assets, and drafting and negotiating software licenses and a variety of technology agreements. Jennifer prosecutes trademark and copyright registration applications and handles domain name and Internet content disputes, as well as negotiates and drafts contracts that implicate intellectual property or technology rights, including software licenses and subscription agreements, software as a service (SAAS) agreements, technology development agreements for the creation or modification of software, website, or mobile application development agreements, website terms of use and privacy policies, hosting agreements, information technology (IT) and computer matters, and transfer and assignment documents. Enforcement actions also include trademark opposition and cancellation proceeding before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, interacting with U.S. Customs & Border Protection to protect trademarks through seizure orders, and a variety of litigation in both federal and state courts. In 2015, Jennifer was named a Women of Influence in the category of Inspiration/Mentoring by Nashville Business Journal. Click here for further information on this honor. Recent Assignments Served as lead counsel in counterfeiting and trademark infringement case for plaintiff resulting in settlement and entry of permanent injunction Second-chaired trial team resulting in defense verdict in copyright infringement case Negotiated software license and other intellectual property provisions associated with multi-million dollar corporate acquisition Managed multi-national trademark registration portfolios 1

2 Counseled clients on a variety of technology agreements and software licenses Obtained domain name transfers Enforced national trademark licensing programs Recent News, Articles & Speaking Engagements "Courage, Honor, and Military Trademarks," Trademarkology blog, May 31, 2016 "When Brands Go Bad," IPFrontline IP.com, March 22, 2016 "Trademarks for Your Body Parts," Trademarkology blog, January 14, 2016 "New Year, New Reason to be Wary? Corporate Impersonation and Fraud," Stites & Harbison, PLLC, Client Alert, January 13, 2016 "Responding to Trademark Application Office Actions," Practice Guide, Wolters Kluwer, 2015 "Filing a Trademark Application at the USPTO," Practice Guide, Wolters Kluwer, 2015 "Hiring, firing and intellectual property," Nashville Business Journal, May 18, 2015 "Hiring, firing and intellectual property," HR Notes, Nashville Area Chamber of Commerce, April 1, 2015 "Protecting Your Brand," National Barbecue Association (NBBQA) 2015 National Conference and Trade Show, Nashville, Tenn., March 2015 "Intersections Between Licensing, the International Trade Commission, and Customs: Customs Enforcement at the Border, ITC Exclusion Orders, and the Licensing Prong of Domestic Industry in ITC Investigations," Moderator, AIPLA Mid-Winter Institute, Orlando, Fla., January 2015 "Trademark Book Camp," American Intellectual Property Law Association (AIPLA), Arlington, VA, June 2014, and Alexandria, VA, June 2013; Program Chair "If you do business in China, are you protected?," Stites & Harbison Client Alert, May 1, 2014 "Key Developments for Online Liability," Tennessee Intellectual Property Law Association (TIPLA), May 2013 "Negotiation Tactics: How to Negotiate So You Don?t Lose Your Shirt at the Races," University-Industry Demonstration Partnership (UIDP) Annual Meeting, Lexington, Ky., October 2012 "Considering Intellectual Property Assets for Collateral," The Tennessee Banker magazine, co-authored, October 2012 "Preliminary Injunctions in Trademark Cases - Did ebay REALLY Change the Standard for Irreparable Harm?," The Computer & Internet Lawyer, Volume 29, Number 8, August 1, 2012 "Security Interests in Intellectual Property," Bankers Breakfast Series, Nashville, Tenn., March 8, 2012 "Trademark and Copyright Registration and Enforcement: How to Balance Risks and Benefits So You Hit the Jackpot," Moderator, AIPLA Mid-Winter Institute, Las Vegas, Nev., January 2012 "Preliminary Injunctions in Trademark Cases - Did ebay Change the Presumption of Irreparable Harm," Practising Law Institute (PLI), Advanced Seminar on Trademark Law 2011, New York, NY, May 2, 2011 "Managing Copyrights in the Healthcare Field," Louisville Bar Association, May 2008 "Class action filed against network solutions for bad?taste?," Louisville Bar Association Bar Briefs, April 1, 2008 "Fundamentals of Intellectual Property," Legal Secretaries International, Inc., 2006 Annual Meeting, Louisville, Ky., October

3 "Trademarks: Keywords and Sponsored Ads," Louisville Bar Association, April 2005 "Intellectual Property Basics: Copyrights and Classroom Fair Use," Center for Higher Education Law, Vanderbilt University, Nashville, Tenn., February 2004 "Intellectual Property Basics: Copyrights and P2P File Sharing," Center for Higher Education Law, Centre College, Danville, Ky., September 2003 "Fundamentals of Intellectual Property," Lorman Education Services, Louisville, Ky., May 2003 Before Stites & Harbison Prior to law school, Jennifer studied vocal performance under the direction of Edith Davis Tidwell at the University of Louisville, where she was a frequent soloist. The creativity of the faculty and students inspired Jennifer to champion intellectual property rights. Jennifer also studied and taught karate for which she earned a second degree black belt. More Than Stites & Harbison Jennifer is an avid supporter of the arts. She is a Board member and Soprano with the Concert Chorale of Nashville. She also serves on the Board of Trustees for St. Mary Villa Child Development Center, volunteers at the Monroe Carell Jr. Children's Hospital at Vanderbilt University and is a volunteer lawyer for the Veterans Consortium Pro Bono Program. She currently serves as Chair of the AIPLA Trademark Law Committee and is the outgoing Program Chair of the Trademark Boot Camp 2-day educational seminar. She is a Fellow of the Nashville Bar Foundation and a former Chair of both the Nashville Bar Association Intellectual Property Committee and the Louisville Bar Association Intellectual Property Section. Besides Stites & Harbison Jennifer is the mother of twins and continues to use her vocal degree as a National Anthem vocalist at U of L basketball games conducted at KFC Yum Center. She has completed two half marathons but has traded in her sneakers for a yoga mat. Professional Accolades Martindale-Hubbell AV-Preeminent Peer Review Rated Women of Influence Award, Inspiration/Mentoring, Nashville Business Journal (2015) Mid-South Super Lawyers, Rising Star ( ) Nashville Bar Foundation, Fellow (2014) Community Involvement 3

4 Concert Chorale of Nashville, Board Member and Soprano St. Mary Villa Child Development Center, Board of Directors Monroe Carell Jr. Children's Hospital at Vanderbilt University, Volunteer Veterans Consortium Pro Bono Program, Volunteer Lawyer Kappa Delta Sorority, Nashville Alumnae Association Education University of Louisville Louis D. Brandeis School of Law J.D., summa cum laude, 2002 Valedictorian University of Louisville B.M., with highest honors, Music in Vocal Performance, 1999 Admissions Tennessee Kentucky U.S. Court of Appeals for the Federal Circuit U.S. Court of Appeals for Veterans Claims U.S. Court of Appeals for the 4th Circuit U.S. District Court for the Middle District of Tennessee U.S. District Court for the Eastern District of Kentucky U.S. District Court for the Western District of Kentucky U.S. District Court for the Southern District of Indiana U.S. District Court for the Northern District of Indiana U.S. District Court for the Eastern District of Texas U.S. District Court for the Northern District of Illinois Service Areas Trademarks Intellectual Property & Technology Intellectual Property Litigation Fiduciary Duty, Trade Secret & Unfair Competition Litigation Copyrights 4

5 Licensing Telecommunications, Technology & Internet Law Privacy & Data Security Media / First Amendment Law Appellate Advocacy Clinical Research, Clinical Trials & Risk Management Memberships American Intellectual Property Law Association (AIPLA), Chair, Trademark Law Committee American Bar Association, Health Law Section, member Kentucky Bar Association Tennessee Bar Association Nashville Bar Association, former Chair, Intellectual Property Committee Nashville Bar Foundation, Fellow Louisville Bar Association, former Chair, Intellectual Property Section Lawyers? Association for Women - Nashville Tennessee Intellectual Property Law Association Women in Technology of Tennessee (WITT) Firm Leadership S.W.I.F.T. (Stites Women Investing in our Futures Together) Committee, Member 5