Erik C. Kane’s practice focuses on providing clients, primarily in the trademarks, copyrights and computer arts, with litigation, licensing and counseling services. He regularly advises on patent, copyright, trademark, trade dress and trade secret litigation before federal courts, state courts, the International Trade Commission, and the Trademark Trial and Appeal Board.
Erik also regularly prosecutes copyrights and trademarks, as well as software patents. He regularly prepares infringement and invalidity analyses and has participated in various stages of litigation, including discovery, depositions, motions practice, and oral arguments; he also regularly serves as trial counsel. Erik also practices appellate work, including at the US Supreme Court.
In addition to securing, protecting and enforcing clients’ intellectual property rights, Erik routinely counsels clients on other intellectual property related matters including e-commerce, digital certificate technologies, token-based and biometric authentication, ICANN domain name Uniform Dispute Resolution Policy (UDRP) disputes, digital rights management, web services and end user license agreements (EULA), software licensing, compliance with the Children’s Online Privacy Protection Act (COPPA), website privacy policies, Consumer Product Safety Commission compliance, Federal Trade Commission compliance, website disclaimers and Digital Millennium Copyright Act (DMCA) compliance.
He renders infringement and validity opinions on electronics and software patents in the fields of computer science, telecommunications and Internet-based standards and services as well as conducts patent clearance and invalidity searches.
Early in his career, Erik served as a law clerk in the United States Court of Federal Claims and served in the DC office of United States Senator Arlen Specter of Pennsylvania.
- Obtained dismissal of declaratory judgment action against the US Olympic Committee regarding trademarks, social media, and First Amendment issues. HSK LLC v.The United States Olympic Committee (D.Minn.)
- Pintrips Inc. in a major trademark infringement suit filed by social media and tech giant Pinterest. The Court ruled, after a bench trial, that the terms “pin,” “pinning,” and a “pin” button were fair use for travel website Pintrips, and not exclusive to Pinterest.
- Home Shopping Network, broadcaster of the well-known HSN television channel, Daystar Productions, and musician and on-air personality Stephen Paul (aka “Esteban”) in a trial jury were found not to willfully infringe the FISHMAN mark in a $25 million trademark suit brought by Fishman Transducers, Inc. in the District of Massachusetts.
- Helped convince the U.S. Court of Appeals for the First Circuit to uphold the lower court’s decision. Fishman Transducers, Inc. v. Stephan Paul, et al.
- Maker’s Mark in a high-stakes battle for the red dripping wax seal. In a case which has been closely followed by companies and trademark practitioners, the US Sixth Circuit Court of Appeals ruled that Maker’s Mark holds an “extremely strong” and enforceable trademark in the well known dripping red wax seal atop its bottles. The court affirmed an injunction prohibiting defendant Cuervo and its distributor from using a similar dripping red wax seal on its tequila products. Maker’s Mark Distillery v. Diageo, et al.
- CVS in a copyright infringement litigation in the US District Court for the Northern District of Alabama. Rob Fleming, a professional photographer, alleged the national pharmacy chain willfully infringed his copyrights by allowing customers to duplicate his work. The court granted Kenyon’s motion for summary judgment and the case was dismissed with prejudice. Rob Fleming v. Alabama CVS Pharmacy, L.L.C.
- Datassurant in a trademark infringement litigation for which we negotiated a favorable settlement on behalf of client. (Northern District of Georgia/TTAB) Assurant, Inc. v. Datassurant, Inc.
- Constellation Brands and its subsidiary, Spirits Marque One (Svedka vodka), in a copyright infringement and breach of contract case in the United States District Court for the Central District of California. This case involved copyright claims pertaining to a photograph taken by a well known Hollywood photographer. On December 17, 2010 Kenyon secured a lengthy reasoned opinion from the court denying Plaintiff’s motion for preliminary injunction. Secured dismissal of the motion allowed the client to proceed with a multi-million dollar advertising campaign. Charles White v. Constellation Brands, Inc., et al.
- JD, The George Washington University Law School, with honors, The Public Contract Law Journal, member, Trial Court Board, 2004
- BS, Computer Science, Muhlenberg College, summa cum laude, Dean’s List, Phi Beta Kappa, Phi Sigma Tau, Pi Sigma Alpha, Muhlenberg Scholar, Anthony J. Marino Award in Computer Science, 2001
- BA, Political Philosophy, Muhlenberg College, summa cum laude, 2001
- District of Columbia
- US District Court, Eastern District of Virginia
- US District Court, District of Columbia
- US District Court, District of Colorado
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, First Circuit
- US Court of Appeals, Fourth Circuit
- US Court of Appeals, Tenth Circuit
- US Court of Appeals, Second Circuit
- US Supreme Court
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