Lerner David Littenberg
Krumholz & Mentlik, LLP
600 South Avenue West
Westfield, NJ
07090-1497
P: (908) 654-5000
F: (908) 654-7866
China:
Unit 3405A, Teem Tower
2008 Tianhe Road
Tianhe District
Guangzhou, Guangdong
510620 China
P: +86 20 3810-3788
F: +86 20 3810-3789
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Lerner, David, Littenberg, Krumholz & Mentlik, LLP | Intellectual Property Counsel
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Charles Kennedy is a partner in the firm. He concentrates his practice in intellectual property litigation for patents, trademarks, trade dress, copyrights, and unfair competition. He is actively involved in all phases of litigation, from strategy and discovery to trials before judges and juries.
His litigation experience spans many technologies and industries, such as:
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patents on protective bumpers for chairs
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patents on cellular telephones and digital camera technology
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patents on medical products and medical devices
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patents on filters for processing antibodies
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patents on equipment for foam packaging technology
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patents on ink cartridges used in color printers
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trade dress of distinctive lamps, chairs, luggage, furniture and toys
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trademarks for cosmetics, electronic products, food products, and home furnishings
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service marks for retail stores, law firms, and electronics stores
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protecting colognes, perfumes, and dental products against counterfeits through seizure actions and injunctions
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protecting "As Seen On TV" products against knock-offs
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protecting well known company names against Internet cybersquatters
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copyrights on architectural designs, software, and fabric designs
His noteworthy recent successes have included:
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He defended Maple Leaf Foods USA against a claim of trade dress infringement in its packaging for "artisan" breads. After a two-day evidentiary hearing, the Court denied an injunction, and the case was subsequently dismissed by agreement of the parties.
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He defended Vertical Pharmaceuticals from a preliminary injunction against its trademark CORVITE for prescription vitamin products. The district judge denied a preliminary injunction, and the decision was affirmed by the United States Court of Appeals for the Third Circuit.
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He assisted in obtaining a summary judgment by the United States District Court in New Jersey that a system for supplying and draining cooking oil for restaurant customers did not infringe a patent asserted by a major company in the same industry.
Mr. Kennedy is recognized as a "leading" lawyer in intellectual property by 2007 Chambers USA directory. He also has been listed since 2006 in "The Best Lawyers in America," by Woodward and White. He has been intensively involved in the John C. Lifland American Inn of Court -- a prestigious federal litigation workshop with participants including federal judges and attorneys -- and has held the Inn's highest position, Co-Chairman and Master.
He is a frequent author and lecturer on various aspects of intellectual property law and litigation. With a background in economics, Mr. Kennedy also has tried major damages claims in IP infringement cases. Among his contributions: author, "Surviving or Failing, In a Hypothetical World" (New Jersey Law Journal, 2003); co-author, "Special Considerations in Cases Involving Intellectual Property (New Jersey Federal Civil Procedure, New Jersey Law Books 1999); featured presenter, "Litigating Intellectual Property Cases" symposium (New Jersey Bar Association, 2001). |
Education
| J.D., University of Virginia Law School, 1976 |
| B.A., Economics, College of William and Mary, 1973; Phi Beta Kappa and Omicron Delta Kappa |
Bar Admissions
| 1977, New York |
| 1982, New Jersey |
Affiliations
New Jersey State Bar Association
(Past Chairman of Patent, Trademark, Copyright Law and Unfair Competition Section) |
| New Jersey Intellectual Property Law Association (Past Chairman, Trademark Committee) |
John C. Lifland American Inn of Court
(Co-Chairman and Master, Intellectual Property Law) |
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