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Jennifer L. Kovalcik

Jennifer L. Kovalcik

Jennifer Kovalcik is a member of the Intellectual Property and Technology Service Group in the firm's Nashville and Louisville offices. Her practice concentrates on designing and implementing intellectual property (IP) protection plans, enforcing intellectual property assets, and drafting and negotiating software licenses and a variety of technology agreements focused on software development and data security.

Jennifer prosecutes trademark and copyright registration applications and handles domain name and Internet content disputes, as well as negotiates and drafts contracts that implicate intellectual property or technology rights, including software licenses and subscription agreements, software as a service (SAAS) agreements, technology development agreements for the creation or modification of software, website, or mobile application development agreements, agreements affecting data use, hosting, storage, privacy and cyber security, website terms of use and privacy policies, hosting agreements, information technology (IT) and computer matters, as well as transfer and assignment documents. Enforcement actions also include trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, interacting with U.S. Customs & Border Protection to protect trademarks through recordations and seizure orders, and a variety of litigation in both federal and state courts.

In 2015, Jennifer was named a Women of Influence in the category of Inspiration/Mentoring by Nashville Business Journal. Click here for further information on this honor.

Jennifer is also a contributing author for the Trademarkology blog, which has been featured on the ABA’s Blawg list of top legal blogs for three years running.

Recent Assignments

  • Served as lead counsel in counterfeiting and trademark infringement case for plaintiff resulting in settlement and entry of permanent injunction
  • Second-chaired trial team resulting in defense verdict in copyright infringement case
  • Negotiated software license and other intellectual property provisions associated with multi-million dollar corporate acquisition
  • Managed multi-national trademark registration portfolios
  • Counseled clients on a variety of technology agreements and software licenses
  • Obtained domain name transfers
  • Enforced national trademark licensing programs

Recent News, Articles & Speaking Engagements

  • "Going Bananas for Halloween - Costume Wars," Trademarkology blog, October 31, 2017
  • "Cheeri-Nos," Trademarkology blog post, September 12, 2017
  • "Can You Spot a Fake Invoice? Don't lose out by paying official-looking trademark registration renewal and maintenance invoices," Stites & Harbison Legal Update, August 3, 2017
  • "Genericide of the Fidget Spinner," Trademarkology blog, July 7, 2017
  • "When Brands Go Bad," IPFrontline |, March 22, 2016
  • "New Year, New Reason to be Wary… Corporate Impersonation and Fraud ," with Ian T. Ramsey,  Stites & Harbison, PLLC, Client Alert, January 13, 2016
  • "Responding to Trademark Application Office Actions," Practice Guide, Wolters Kluwer, 2015
  • "Filing a Trademark Application at the USPTO," Practice Guide, Wolters Kluwer, 2015
  • "Hiring, firing and intellectual property," Nashville Business Journal, May 18, 2015
  • "Hiring, firing and intellectual property," HR Notes, Nashville Area Chamber of Commerce, April 1, 2015
  • "Protecting Your Brand," National Barbecue Association (NBBQA) 2015 National Conference and Trade Show, Nashville, Tenn., March 2015
  • "Intersections Between Licensing, the International Trade Commission, and Customs: Customs Enforcement at the Border, ITC Exclusion Orders, and the Licensing Prong of Domestic Industry in ITC Investigations," Moderator, AIPLA Mid-Winter Institute, Orlando, Fla., January 2015
  • "Trademark Book Camp," American Intellectual Property Law Association (AIPLA), Arlington, VA, June 2014, and Alexandria, VA, June 2013; Program Chair
  • "If you do business in China, are you protected?," Stites & Harbison Client Alert, May 1, 2014
  • "Key Developments for Online Liability," Tennessee Intellectual Property Law Association (TIPLA), May 2013
  • "Negotiation Tactics: How to Negotiate So You Don’t Lose Your Shirt at the Races," with Walter S. Robertson,  University-Industry Demonstration Partnership (UIDP) Annual Meeting, Lexington, Ky., October 2012
  • "Considering Intellectual Property Assets for Collateral," with Alexandra MacKayThe Tennessee Banker magazine, co-authored, October 2012
  • "Preliminary Injunctions in Trademark Cases - Did eBay REALLY Change the Standard for Irreparable Harm?," The Computer & Internet Lawyer, Volume 29, Number 8, August 1, 2012
  • "Security Interests in Intellectual Property," with Alexandra MacKay,  Bankers Breakfast Series, Nashville, Tenn., March 8, 2012
  • "Trademark and Copyright Registration and Enforcement: How to Balance Risks and Benefits So You Hit the Jackpot," Moderator, AIPLA Mid-Winter Institute, Las Vegas, Nev., January 2012
  • "Preliminary Injunctions in Trademark Cases - Did eBay Change the Presumption of Irreparable Harm," Practising Law Institute (PLI), Advanced Seminar on Trademark Law 2011, New York, NY, May 2, 2011
  • "Managing Copyrights in the Healthcare Field," Louisville Bar Association, May 2008
  • "Class action filed against network solutions for bad ‘taste’," Louisville Bar Association Bar Briefs, April 1, 2008
  • "Fundamentals of Intellectual Property," Legal Secretaries International, Inc., 2006 Annual Meeting, Louisville, Ky., October 2006
  • "Trademarks: Keywords and Sponsored Ads," Louisville Bar Association, April 2005
  • "Intellectual Property Basics: Copyrights and Classroom Fair Use," Center for Higher Education Law, Vanderbilt University, Nashville, Tenn., February 2004
  • "Intellectual Property Basics: Copyrights and P2P File Sharing," Center for Higher Education Law, Centre College, Danville, Ky., September 2003
  • "Fundamentals of Intellectual Property," Lorman Education Services, Louisville, Ky., May 2003

Before Stites & Harbison

Prior to law school, Jennifer studied vocal performance under the direction of Edith Davis Tidwell at the University of Louisville, where she was a frequent soloist. The creativity of the faculty and students inspired Jennifer to champion intellectual property rights. Jennifer also studied and taught karate for which she earned a second degree black belt.

More Than Stites & Harbison

Jennifer is an avid supporter of the arts. She is a Board member and Soprano with the Concert Chorale of Nashville.  She is a volunteer lawyer for the Veterans Consortium Pro Bono Program, where she handles appeals.  She currently serves on the Board of Directors for the American Intellectual Property Law Association (AIPLA), and is the former Chair of the Trademark Law Committee, Trademark Litigation Committee, and the Trademark Boot Camp 2-day educational seminar.  She is a Fellow of the Nashville Bar Foundation and a former Chair of both the Nashville Bar Association Intellectual Property Committee and the Louisville Bar Association Intellectual Property Section.  Jennifer previously served on the Board of Trustees for St. Mary Villa Child Development Center.

Besides Stites & Harbison

Jennifer is the mother of twins and continues to use her vocal degree as a National Anthem vocalist at U of L basketball games conducted at KFC Yum Center.  She has completed two half marathons but has traded in her sneakers for a yoga mat.

Professional Accolades

Martindale-Hubbell® AV-Preeminent® Peer Review Rated

Best Lawyers in America®, Copyright Law (2017-18)

Managing Intellectual Property, IP Stars (2016, 2017)

Women of Influence Award, Inspiration/Mentoring, Nashville Business Journal (2015)

Mid-South Super Lawyers®, Rising Star (2012-16)

Nashville Bar Foundation, Fellow (2014)

Community Involvement

  • Concert Chorale of Nashville, Board Member and Soprano
  • St. Mary Villa Child Development Center, Board of Directors
  • Monroe Carell Jr. Children's Hospital at Vanderbilt University, Volunteer
  • Veterans Consortium Pro Bono Program, Volunteer Lawyer
  • Kappa Delta Sorority, Nashville Alumnae Association