Stephen A. Kennedy

BAR ACTIVITIES Steve Kennedy has the honor of serving 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. Steve served as President of the Intellectual Property Section for the Litigation Group for the State Bar of Texas in 1990 and served as a panelist for the Texas Lawyer Intellectual Property Roundtable from 2008 through 2012. EDUCATION Steve Kennedy graduated cum laude and Order of the Coif from The University of Toledo, College of Law. He served as Technical Editor for the Law Review. Prior to law school, Steve attended Vanderbilt University, receiving his BA in History and Sociology. He served as President of the History Majors Association and was active in the Vanderbilt University Theatre. SPECIFIC EXPERIENCE Since beginning his private practice in 1988, Steve has litigated matters involving the following: Patent infringement and related antitrust actions involving surveillance technology, medical devices, lasers, semiconductors, photography equipment and chemical compounds. 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, and 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. 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. Business Litigation cases involving shareholder disputes, FINRA arbitration cases, whistleblower litigation, SOX claims, legal malpractice cases, and AAA arbitration matters. Mr. Kennedy has represented banks in lender liability cases throughout his career. 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 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 Court of Federal Claims Texas Supreme Court and all state courts of Texas REPRESENTATIVE DECISIONS Commerce Street Capital v. North American Bancshares, Civil Action No. DC-16-14703 (2016)(Dallas County). Mr. Kennedy represents Commerce Street Capital, the leading investment banking firm in the Southwest, in this action to enforce agreement for investment banking services. The case is pending trial in October 2018. Huynh Health & Beauty LLC, d/b/a AZURA v. Azura Nails & Spa, Cause No. 3:17-cv-02145, (2016) (Northern District of Texas). Mr. Kennedy represented the trademark owner in a trademark infringement action and obtained a permanent injunction order along with a confidential settlement. Howard v. McGuire, Civil Action No. DC-15-15235 (2015)(Dallas County). Mr. Kennedy represented a home owner in an action for fraud in a real estate transaction against two real estate agents and their brokerage firm. The case settled on confidential terms. 3rd Eye Surveillance v. United States, Cause No. 15-cv-301 C (2015) pending in the United States Court of Federal Claims. Mr. Kennedy represents the patent rights holders in an action for patent infringement against the United States government. 3rd Eye Surveillance v. AmREIT, Inc., Civil Action No. 4:15-CV-00355 (E. D. Tex. 2015). Mr. Kennedy represented 3rd Eye Surveillance in this patent infringement action in the Eastern District of Texas. The case settled on confidential terms. 3rd Eye v. Dallas Credit Union, Civil Action No. 3:15-CV-00439 (E. D. Tex. 2015). Mr. Kennedy represented 3rd Eye Surveillance in this patent infringement action in the Eastern District of Texas. The case settled on confidential terms. 3rd Eye Surveillance v. e-Watch, Civil Action No. 6:14-CV-00725 (E. D. Tex., 2015). Mr. Kennedy represented 3rd Eye Surveillance in this patent infringement action in the Eastern District of Texas. The National Center for Policy Analysis v. Winstead, DC-14-13453 (2014)(Dallas County). Mr. Kennedy represented the NCPA against Winstead for attorney malpractice. The case settled on confidential terms. Commerce Street Capital v. Pate Holdings, Civil Action No. 3:14-CV-01802-K (N. D. Tex., 2014). Mr. Kennedy represented Commerce Street Capital, the leading investment banking firm in the Southwest, to enforce an agreement for investment banking services. The case settled prior to trial. Commerce Street Capital v. GCM, et. al. Dallas County Court of Law, CC-14-0613e-D (2014). Mr. Kennedy represented Commerce Street Capital, the leading investment banking firm in the Southwest, in this action to enforce agreement for investment banking services. The case settled prior to trial. Horne Storage Partners, LLC v. RPC Storage, LLC, et. al., Dallas County District Court, Civil Action No. DC-14-13954 (2014). Mr. Kennedy represented Horne in this action to enforce provisions of a partnership agreement. The case settled in three months on confidential terms. Karen Dillard College Prep v. KD Studios, Inc., Civil Action No. 6:13-CV-00710-LED (E. D. Tex., 2014). Representing the Plaintiff, Mr. Kennedy tried this action in the Eastern District of Texas in August, 2014, obtaining a jury verdict for trademark infringement, and willful infringement. The Court entered a permanent injunction and the defendant did not appeal. 3rd Eye Surveillance v. The City of Irving, Civil Action No. 6:14-CV-00535 (E. D. Tex. 2014). Mr. Kennedy represented 3rd Eye Surveillance in this patent infringement action in the Eastern District of Texas. The case settled on confidential terms. 3rd Eye Surveillance v. The City of Frisco, Civil Action No. 6:14-CV-00533 (E. D. Tex. 2014). Mr. Kennedy represented 3rd Eye Surveillance in this patent infringement action in the Eastern District of Texas. The case settled on confidential terms. 3rd Eye Surveillance v. The Town of Addison, Civil Action No. 6:14-CV-00536 (E. D. Tex. 2014). Mr. Kennedy represented 3rd Eye Surveillance in this patent infringement action. The case settled on confidential terms in the Eastern District of Texas. 3rd Eye Surveillance v. Stealth Monitoring Systems, Civil Action No. 6:14-CV-00162 (E. D. Tex. 2014). Mr. Kennedy represented 3rd Eye Surveillance in this patent infringement action in the Eastern District of Texas. The case settled on confidential terms. Alliance Wireless Technologies v. 3rd Eye Surveillance, Civil Action No. 3:13-CV-00245 (N. D. TX 2013). Mr. Kennedy defended 3rd Eye in this trademark infringement case. The case settled within six months on confidential terms. In the Matter of Certain Television Pilot Scripts, Civil Action No. 337-TA-886 (2012). Stephen Kennedy represented an author of a pilot script for a television program adverse to a global broadcasting network. The case was settled during an appeal to the Federal Circuit. Mart v. Berkshire Hathaway, (N. D. Indiana - 2012)(representing plaintiff against former employer and others alleging claims under the Sarbanes-Oxley Act of 2002). The case settled on confidential terms. Mart v. Gozdecki, Del Giudice, Americus & Farkas, LLP, Cause No. 1:12-cv-02496 (N. D. Illinois - 2012)(representing client in attorney malpractice case). The case settled on confidential terms during appeal. Clark v. Dillards Department Stores, (N. D. Tex. 2012)(represented model in right of publicity case). Spent v. Montana Silversmiths, et al (W. D. Tex. 2012)(represented artist in actions for copyright infringement against several silversmiths and obtained summary judgment against each defendant, resulting in favorable settlements). Spent v. Montana Silversmiths, et al (W. D. Tex. 2012)(represented artist in actions for copyright infringement against several silversmiths and obtained summary judgment against each defendant, resulting in favorable settlements). Sherry Martin v. ESPN et al (S. D. Cal. 2010)( represented artist in actions for copyright infringement against several international media companies and, after filing motions for summary judgment, obtained favorable settlements). Kirsch v. Uncle Julios Corp. et. al., slip op., No. 3:02-CV-1583-K (N. D. Tex. 2003) (after obtaining defense verdict in architectural copyright infringement case, court awarded $737,000 in attorneys fees and expenses to defendant). PMI Photomagic v. Foto Fantasy, 60 Fed. Appx. 319, 2003 WL 722181 (Fed. Cir. 2003) (representing PMI Photomagic in successful patent appeal). KIS, S. A. et. al. v. Foto Fantasy, Inc., et al., 204 F. Supp.2d 968 (N. D. Tex. 2001) (representing KIS, S. A.). Image Dynamics et. al. v. Foto Fantasy, Inc., et al., 240 F. Supp.2d 608 (N. D. Tex. 2002) (representing Image Dynamics in antitrust case). Image Dynamics et. al. v. Foto Fantasy, Inc., et al., 240 F. Supp.2d 608 (N. D. Tex. 2002) (representing Image Dynamics in antitrust case). Donald Hugh Henley v. Dillards Department Stores, 46 F. Supp.2d 587 (N. D. Tex. 1999) (represented recording artist Don Henley in a right of publicity case and obtained summary judgment in favor of client). The case settled on confidential terms. Hampton Hardware, Inc. v. Cotter & Co., Inc., 156 F. R. D. 630 (N. D. Tex. 1994)(defeated claims for class action). Texas Instruments Incorporated v. Cypress Semiconductor, et. al., 39 U. S. P. Q.2d 1481 (N. D. Tex.1995)(patent infringement case). PUBLICATIONS Published in April 2018 Edition of the Dallas Bar Association Headnotes an article titled Ethics: Ethical Responsibilities to Prevent Data Breaches Published in October 2016 Edition of the Dallas Bar Association Headnotes an article titled Ethics: Representing Multiple Parties During Settlement Negotiations Author of chapter titled Trademarks and Goverment Speech: The US Supreme Court Addresses the Constitutionality of the Lanham Acts Disparagement Clause in book titled Recent Trends in Trademark Protection (Aspatore 2016) Featured Speaker at Texas Lawyer Intellectual Property Roundtable (2007-2010) 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 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 2007, at 17, 17. Published in the American Bar Association Journal Co-Authored Damages Outline for University of Houston Law Center (1999-2000) Co-Authored Business Tort Outline for University of Houston Law Center (1995)