Kevin M. Bovard

Partner

Philadelphia
T +1.215.564.2727
F +1.215.568.3439

"Kevin Bovard is a true expert in the field...Very easy to work with and always provides options."

— The Legal 500 2021

Overview

Kevin Bovard concentrates his practice on intellectual property and technology law, handling copyright, trademark and patent matters. In addition to his significant litigation experience, Kevin routinely counsels clients on trademark and copyright procurement, protection, clearance, registration and enforcement, as well as IP licensing. Kevin applies his intellectual property knowledge in many and varied industries, from small start-up firms to large multinational corporations.

Kevin recently taught Temple Law School's Introduction to Intellectual Property course as an adjunct professor.

Select Experience

Trademark/Trade Dress
  • Serves as lead trademark counsel and manages the global trademark portfolios of multiple Fortune 500 and 1000 companies, as well as smaller entities.
  • Provides comprehensive trademark services, including clearance and trademark prosecution services, as well as enforcement strategies, to consumer products companies, medical device manufacturers, software companies, apparel retailers and other brand owners.
Copyright
  • Representing, as lead counsel, an author's heir in a suit for declaratory judgment of joint authorship and for an accounting.
  • Represented a telephone directory publisher in defending claims of copyright infringement based on the plaintiff's collection of stock photographs.
Patent
  • Defending a large technology company in a patent infringement case involving contact-voltage detection along streets. District court litigation was stayed following successful institution of inter partes review at the USPTO, after which all asserted claims were found to be invalid. 
  • Defended an LED manufacturer against claims of design patent infringement. Virtually all damages were eliminated on summary judgment.
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Experience

Trademark/Trade Dress
  • Serves as lead trademark counsel and manages the global trademark portfolios of multiple Fortune 500 and 1000 companies, as well as smaller entities.
  • Provides comprehensive trademark services, including clearance and trademark prosecution services, as well as enforcement strategies, to consumer products companies, medical device manufacturers, software companies, apparel retailers and other brand owners.
  • Lead counsel in cancellation and opposition proceedings before the Trademark Trial and Appeal Board of the USPTO.  
  • Lead counsel defending a light emitting diode (LED) retailer against trademark infringement and trade secret misappropriation claims.
  • Represented a playground equipment manufacturer in asserting trade dress infringement claims against a competitor.
  • Represented a clothing and home goods retailer in asserting trademark infringement and related Lanham Act claims.
  • Obtained transfer of cyber-squatted web domains through a UDRP proceeding. 
Copyright
  • Representing, as lead counsel, an author's heir in a suit for declaratory judgment of joint authorship and for an accounting.
  • Represented a telephone directory publisher in defending claims of copyright infringement based on the plaintiff's collection of stock photographs.
  • Represented a software company in asserting copyright and related breach of contract claims against a former customer.
  • Represented an enterprise applications software company in a case against its direct competitor, alleging violations of the U.S. Copyright Act, Federal Computer Fraud and Abuse Act, California Computer Data Access and Fraud Act, California Unfair Competition Law, and related business torts.
  • Represented a visual artist in asserting claims under the Visual Artists Rights Act, the U.S. Copyright Act and state law.
Patent
  • Defending a large technology company in a patent infringement case involving contact-voltage detection along streets. District court litigation was stayed following successful institution of inter partes review at the USPTO, after which all asserted claims were found to be invalid. 
  • Defended an LED manufacturer against claims of design patent infringement. Virtually all damages were eliminated on summary judgment.

Recognitions and Memberships

Recognitions

  • Pennsylvania "Super Lawyer"
    • "Rising Star" (2021)
  • The Legal 500 USA (2021)
    • Recommended for Copyright (2021)
  • The Legal Intelligencer: "Lawyers on the Fast Track" (2017)

Prior Positions

  • San Francisco Barristers' Club IP/Internet Law Section: Co-Chair, Bar Associate

Admissions

  • Pennsylvania
  • California

Education

  • J.D., Stanford Law School, 2006
  • B.A., Swarthmore College, 2003

Blog

In The Blogs

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IP Intelligence: Insight on Intellectual Property
Website Advertisements and Copyright Fair Use
By Cory N. Barnes
July 15, 2021
For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107 is common practice. While the details of any particular case will...
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IP Intelligence: Insight on Intellectual Property
Federal Circuit Clarifies Standard For Bringing a Cancellation Proceeding under 15 U.S.C. § 1064
By Kevin M. Bovard
December 2, 2020
In a recent decision, Corcamore, LLC v. SFM, LLC, 978 F.3d 1298 (Fed. Cir. 2020), the Court of Appeals for the Federal Circuit clarified the standard for maintaining a petition to cancel a trademark registration under §1064 of the Lanham...
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IP Intelligence: Insight on Intellectual Property
No Luck Needed for Lucky Brand at the Supreme Court
By Kevin M. Bovard
May 15, 2020
The Supreme Court yesterday issued its second trademark decision of this term. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Case No. 18-1086 (S. Ct. May 14, 2020), the ultimate question before the Court was the...
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IP Intelligence: Insight on Intellectual Property
USPTO Pilot Program: Trademark Registrations May Now Be Broadened To Account For Evolving Technology
By Kevin M. Bovard
September 9, 2015
Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create a limited exception to this rule...
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IP Intelligence: Insight on Intellectual Property
Federal Circuit affirms PTAB in first IPR final written decision appeal
By Kevin M. Bovard
February 16, 2015
The Federal Circuit recently issued its first ruling on an appeal from an inter partes review (IPR) final written decision, In re Cuozzo Speed Technologies. In doing so, the court affirmed the USPTO’s Patent Trial and Appeal Board (PTAB)...
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