Klemchuk Kubasta LLP


	A business, technology, and innovation focused law firm in Dallas, Texas providing patent, trademark, trade dress, copyright, and trade secret litigation, licensing, prosecution, and other intellectual property counseling

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		HOME Home Page ABOUT US Why We're Different Our Mission Billing Philosophy Incubator Community Involvement OUR PEOPLE Katherine B. Bandy Todd Basile Shannon W. Bates J.F. (Jim) Chester, JD/LL.M James E. Davis Remy M. Davis Sita Desai Kirby Drake Casey L. Griffith Kelsey Weir Johnson Darin M. Klemchuk Kelly J. Kubasta Roxana Sullivan Our People OUR CLIENTS Our Clients Client Profiles The Boardroom Aidan Gray Tuffronts Clarity Legal Software cityphone Motio, Inc. B.A.G. Corp. Southern Care, Inc. Sanijet The Leather Consultant CardsDirect icrunchdata Pocketstop Client Services EMPLOYMENT AGREEMENTS RESOURCES Resources New To IP? Useful Links Entrepreneur Focus IP Industry News Referring Local Counsel Local Counsel Page 2 Law Alerts Inventions Adding the Ability to Perform a Known Method Over the Internet May be Held Obvious and, thus, Unpatentable A Patent Holder is Not Entitled to Control the Post Sale Use of a Patented Article under the Exhaustion Doctrine Silence Fails to Overcome the Presumption of Surrender Trademark Lessons Learned from Cheese A Covenant Not to Sue Fails to Defeat Declaratory Judgment Jurisdiction in the Context of the Hatch-Waxman Act Employment Agreements Create an Automatic Assignment to the Company Under Texas Law RECRUITING Recruiting Lateral Hires Law Students Paralegals Admins Summer Clerks Current Openings Upload Your Resume READ MORE Patent False Marking: Deceptive Intent Patent False Marking: Generally Patent False Marking: Standing and Statute of Limitations Patent False Marking: Damages ICANN Accredited Registrars and Procedures Domain Name Infringement and Recovery Cybersquatting IP Licensing Practice Helps Companies in DFW Virtual IP Counsel Program Stop Trademark Infringing and Counterfeit Goods at the Border Investing in a Corporate Name Search Before Adopting A Trade Name Intellectual Property and the Trademark Attorney Due Diligence Before Launching A Branding Campaign Benefits of Registering a Trademark A Primer on U.S. Trademark Laws Patent Searches Add Value to the Patenting Process Patent Protection: What Inventors and Companies Can Expect Patent Attorney Fees: What to Expect IP and the Patent Lawyer Investing in a U.S. Patent Search Before Filing a U.S. Patent Application Introductory Primer on Patent Laws Design Patents Conduct a Patent Number Search Trade Secrets: Non-compete Agreement Trade Secrets: Trade Secret Injunction Stop Infringing and Counterfeit Goods at the Border The Basics of a Trademark Name Search Trademark Protection in the U.S. Trade Secret Protection Trade Secret Lawyer Non-compete Lawyer Trade Secrets: Trade Secret Protection Username Squatting, Usersquatting, Squitting, Twittersquatting, and other forms of Brandsquatting Domain Tasting Copyright Registration Procedures in the U.S. Copyright Protection in the U.S. U.S. Copyright Laws IP and the Copyright Attorney Software Licensing IP Law Firm Protecting Your IP: eBay’s VeRO Program Due Diligence Investigations Protecting IP on eBay: VeRO Trade Secrets Texas Theft Liability Act for Trade Secrets Texas Inevitable Disclosure Doctrine Economic Espionage Act of 1996 Digital Millennium Copyright Act Trademark Counterfeiting		OUR SERVICES PATENTS TRADEMARKS COPYRIGHTS TRADE SECRETS SOFTWARE INTERNET & ECOMMERCE SOCIAL MEDIA LAW IP ENFORCEMENT & LITIGATION IDENTIFY & REGISTER IP IP LICENSING IP DUE DILIGENCE TRADE DRESS BUSINESS LITIGATION INTERNATIONAL TRADE & IP TECHNOLOGY TRANSACTIONS DOMAIN NAMES UNFAIR COMPETITION GETTING STARTED MEDIA INFORMATION Media Kit PRESS RELEASES kk-llp.com Explosion of new domain names presents risks for online brands K&K Expands its Local Counsel Practice for Patent and IP Cases in Texas K&K Expands its Domain Name Recovery Practice K&K Expands its Virtual IP Counsel Practice ICANN’s gTLD Proposal Faces Stiff Opposition What's Happening in IP Protecting Your Brand Through Facebook’s Username Launch Klemchuk Kubasta LLP To Host DFW Women In IP Networking Event Klemchuk Kubasta LLP Opens for Business to Specialize in IP Legal Services Kubasta Moderates AIPLA Panel Discussion on "Acquired Patents as Litigation Tools" James E. Davis Joins Klemchuk Kubasta LLP Kubasta Speaks on Patent Litigation and Defense of Divided Infringement at Intellectual Property Law Symposium Casey L. Griffith Joins Klemchuk Kubasta LLP J.F. (Jim) Chester Joins Klemchuk Kubasta LLP Klemchuk speaks at the 23rd Annual Advanced IP Law Course Chester Speaks on Legal Aspects of International Trade Klemchuk Kubasta LLP introduces their iPhone Application Klemchuk Kubasta LLP hosts 6th Annual Ethics CLE for IP Lawyers Announcement of Attorney Kirby Drake to Klemchuk Kubasta LLP Drake speaks at the 240th American Chemical Society National Meeting Chester speaks at the 18th Annual Texas Minority Counsel Program Announcement of Attorney Shannon W. Bates to Klemchuk Kubasta LLP Klemchuk Kubasta LLP featured on the Apple Website “Share the Warmth 2010” ICANN MEETING IN CARTEGENA BRINGS NEW GTLD’S CLOSER TO ADOPTION INSIDE THE MINDS: INTELLECTUAL PROPERTY LICENSING STRATEGIES Klemchuk Kubasta LLP Joins Entrepreneurs For North Texas Chester to Lead Klemchuk Kubasta LLP E-Commerce & Internet Business Practice Group IP LAW FIRM KLEMCHUK KUBASTA LLP TRIPLES IN SIZE; CELEBRATES 2nd ANNIVERSARY Klemchuk Kubasta LLP Launches New Social Media Law Practice Group Two Klemchuk Kubasta LLP Attorneys Named Best Lawyers in Intellectual Property by D Magazine. Klemchuk Kubasta LLP Announces the Launch of Its Proprietary Law Firm Management Software KLEMCHUK KUBASTA LLP EXPANDS TO ACCOMMODATE GROWTH Klemchuk Kubasta LLP Expands to Accommodate Growth Klemchuk Kubasta LLP Launches New Intellectual Property Blog Klemchuk Kubasta LLP Launches New Trade and Technology Law Blog KLEMCHUK KUBASTA LLP SPONSORS DFW MAKE-A-WISH FOUNDATION WISH NIGHT Kirby Drake of Klemchuk Kubasta LLP Awarded Distinguished Star of Achievement Kirby Drake of Klemchuk Kubasta LLP Presents at State Bar of Texas Advanced Patent Litigation Course Klemchuk Kubasta LLP Named Best Places to Work by Dallas Business Journal James E. Davis named Partner at Klemchuk Kubasta LLP J.F. (Jim) Chester Re-elected to the South Texas College of Law Alumni Association Board of Directors Kirby Drake Speaks at the 242nd American Chemical Society National Meeting Kelsey Weir Joins Klemchuk Kubasta LLP Klemchuk Kubasta LLP Adds Senior Associate Klemchuk Kubasta LLP Hires Associate Klemchuk Kubasta Names Kirby Drake Partner Kelly Kubasta Named Director of My Possibilities Board IP Law Firm Steps Up to Staff Down NEWS & UPDATES Darin Klemchuk named Chair of the Dallas Bar Association Computer Law Section D Magazine named Darin Klemchuk to the “Best Lawyers in Dallas” list It's a Wrap Rise No.1 Soufflé Bistro Plans to Put French Dish on the Dallas Map Bhaveeni Parmar named Chair of the Dallas Bar Association Computer Law Section Rise and Shine Executive Legal Advisor Published “Investigate Before Litigating” by Darin Klemchuk and Bhaveeni Parmar Texas Lawyer published “Pre-Suit Investigations in Infringement Cases” by Darin Klemchuk and Bhaveeni Parmar. IT Risk Management: Myths and Realities Kick Butt at Bootcamp Just for Men ITGRC: A Security Approach That's Not for Sale Rise and Shine at Rise No. 1 Improving Your SME's Risk Management Techniques Practice Makes Praise CLE Presentation at the DBA 10-27-08 What’s Happening in IP Klemchuk Recognized by Law & Politics Media, Inc. Klemchuk Kubasta LLP to Host DFW Women in IP Event on September 9, 2009 Klemchuk Kubasta LLP Opens for Business to Specialize in IP Legal Services Klemchuk Moderates Panel on Proposed ICANN Changes CardsDirect Sponsors “Cards for a Cause” Klemchuk Kubasta LLP Launches iPhone Application ICE Natiowide Raids Target Counterfeit Trademarked Product Announcement of Addition of Attorney to Klemchuk Kubasta LLP Casey L. Griffith Joins Klemchuk Kubasta LLP Klemchuk speaks at the 23rd Annual Advanced IP Law Course Announcement of Addition of Attorney to Klemchuk Kubasta LLP Announcement of Attorney Kirby Drake to Klemchuk Kubasta LLP Announcement of Attorney Shannon W. Bates to Klemchuk Kubasta LLP Klemchuk Kubasta LLP featured on the Apple Website “Share the Warmth 2010” ICANN MEETING IN CARTEGENA BRINGS NEW GTLD’S CLOSER TO ADOPTION INSIDE THE MINDS: INTELLECTUAL PROPERTY LICENSING STRATEGIES Klemchuk Kubasta LLP Joins Entrepreneurs for North Texas Chester to Lead Klemchuk Kubasta LLP E-Commerce and Internet Business Practice Group Sita Desai Joins Klemchuk Kubasta LLP as Associate Klemchuk Kubasta LLP Hires Associate Klemchuk Kubasta Names Kirby Drake Partner Kelly Kubasta Named Director of My Possibilities Board IP Law Firm Steps Up to Staff Down PUBLICATIONS In-House Texas International Law Unfair Competition Law - 2005 (Darin Klemchuk) Unfair Competition Law - 2006 (Darin Klemchuk) Executive Legal Advisor published Texas Lawyer published Several Circuits Tighten Standards for Copyright Protection Protecting Companies from Hidden Liability for Software Copyright Infringement Common IP-Related Mistakes Made in Corporate Web Sites Court tackles tricky issue of tacking trademark rights Connecting the dot-coms in a trademark dispute Who’s your daddy? Fore! Roughed up: Muscle mag ads affect patentability What makes derivative works copyrightable? Reality check University learns harsh lesson about assignment agreements Brand Enforcement on Social Networking Sites Is Something Afoot? A Game of Confusion Coffee Break: Court Lowers Bar for Dilution Claims Federal Circuit clarifies penalty for false patent marking Federal Circuit confirms: Patents need written descriptions Innocence lost Looks are everything when it comes to design patents Going once, going twice … sold! Guilt by association Phrased and confused Executive misconduct affects patent enforceability Google cries “Vive la différence!” in patent case Fair enough? 6 updated exemptions for permissible copyright circumvention Absolutely crust fallen Supreme Court rules on process patentability tests When patent > trademark Can a private party enforce a federal statute? Any given Sunday USPTO issues interim guidance on process claims Generic drug draws preliminary injunction Do online music providers need a license? Conception vs. copying: A patent case A view to a trademark Teva likely to prevail on indefiniteness at Copaxone trial, but may face enablement issues - attorneys NuvaRing Prescription Drug at Issue in New Section 337 Investigation Michigan Company Fined for Illegal Exports Eek! “Naked licensing” leads to lost trademarks Antitrust Cooperation Agreement Signed with Chile Pennsylvania Company Fined for Export Violations Involving China and Israel Export Related Podcasts Aimed at Helping Small/Medium Sized Businesses CUSTOMS IP ENFORCEMENT NEW Government Seeks to Further Expose Notorious Markets List to Curb Global Piracy and Counterfeiting Losing Control - Ninth Circuit examines distribution's role in copyright case Facts > Rules Can a patentee establish liability for joint infringement? New Tool Highlights Tariff Benefits For American Businesses Joint Venture Accumulates $1.5 Billion in Penalties to Date Hackers Steal Private Data of 77 million PlayStation Network Users from Sony Servers CUSTOMS IP ENFORCEMENT NEWS Nintendo Targeted in New Section 337 Investigation Abuse of Police Power Leads to Intrusion of Online Database Privacy New Tool Highlights Tariff Benefits For American Businesses WHITE PAPERS Intellectual Property Patents Copyrights Trademarks Non-Compete Agreements Information Privacy Digital Millennium Copyright Act Differences Between Copyrights, Patents, and Trademarks Domain Names Domain Name Disputes & UDRP Due Diligence Trade Secrets U.S. and International IP Laws Texas Theft Liability Act for Trade Secrets Trademark Infringement By Meta Tags Terms of Use Typosquatting Privacy Policy International Business Transactions Intellectual Property Due Diligence in Mergers & Acquisitions Stop Trademark and Copyright Infringing and Counterfeit Goods at the U.S. Border