Erik Kane’s practice focuses on providing clients, primarily in the computer arts, with litigation, licensing and counseling services. He regularly advises on patent, copyright, trademark, and trade secret litigation before federal courts, state courts, the International Trade Commission, and the Trademark Trial and Appeal Board. Mr. Kane 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 has also served as trial counsel. 

In addition to securing, protecting and enforcing clients’ intellectual property rights, Mr. Kane 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. In 2014, Mr. Kane was named a “Rising Star” by Washington DC Super Lawyers.

Prior to joining Kenyon, Mr. Kane 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.

Representative Experience

  • 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 that found our client did not 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 U.S. 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.

Bar and Court Admissions
  • Virginia
  • District of Columbia
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the District of Colorado
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Ninth Circuit