Attorney Profiles

Jeffrey Kosc

Indianapolis, Indiana
Shareholder

Phone:	(317) 632-3232 (Ext. 185)
Fax:	(317) 632-2962
Email:	jkosc@dannpecar.com

Mr. Kosc is a member of the firm's Intellectual Property, Commercial Law and Litigation practice groups. He concentrates his practice on both transactional and litigation matters in the areas of intellectual property, technology, telecommunications, commercial and corporate law, and advertising, sweepstakes and promotions.

Mr. Kosc began his career in-house with the parent cooperative for True Value Hardware. Among other responsibilities at True Value, Mr. Kosc was primarily responsible for all technology matters and the start-up of an e-commerce subsidiary. In 2000, Mr. Kosc moved into private practice in Chicago and joined Dann Pecar Newman & Kleiman in 2006.

SELECTED SAMPLE ENGAGEMENTS:

Successfully defended motion to enjoin an on-line ticket broker from using trademarks related to a well-known event and venue in a descriptive manner.

Litigation counsel for a food products distributor in International Trade Commission (ITC) Section 337 (Tariff Act) action alleging the importation and sale of products in violation of multiple U.S. patents.

Represented private equity firm as to intellectual property aspects of acquisition of a consumer-goods company.

Advised municipal client with respect to FCC-mandated 800 MHz Frequency Reconfiguration process.

Represented Fortune 500 advertising conglomerate in multiple complex, enterprise-wide, software license agreements (including, desktop applications, ERP and back-end systems) worth several million dollars per year.

Represented major retailer in disputes with merchant banks, issuing banks and payment card industry in connection with alleged security breach. Representation included interpretation of the PCI DSS/CISP security standards and counseling relating to common point of compromise (CPP/CPC) designation.

Lead counsel in trade secret, contract and related business torts litigation claiming over $10 million in damages in the Northern District of California for an e-commerce client.

Litigation counsel in litigation and related arbitration regarding software patent in the Eastern District of Texas and American Arbitration Association. Touchcom Inc, et al v. Gilbarco (2:03-cv-00329-TJW) and Touchcom Inc et al v. Dresser Inc. (2:04-cv-00246-TJW) and Touchcom Inc et al v. Dresser Inc. (American Arbitration Association).

Represented furniture manufacturer in international software development agreement for custom CAD software system for kitchen planning and cabinet manufacturing.

Advised large publishing client with regard to potential class-action claims under the TCPA as applied to text messages.

Litigation defense counsel for software company in trade secret and copyright action. PRG-Schultz, Intl., Inc. v. Kirix Corp., et al., Case No. 03 C 1867 (N.D. Ill. ).

Negotiated third-party logistics (3PL) agreement for large wholesaler for Lebanon, IN distribution facility.

Secured the transfer of a domain name from a cybersquatter incorporating the identity of a celebrity chef. Richard L. Bayless v. Cayman Trademark Trust, National Arbitration Forum Claim Number: FA0602000648245 (April 3, 2006).

Advised large retail cooperative regarding stored value cards and gift card escheatment issues.

Negotiated various professional sports and entertainment sponsorship, license, and contingency award agreements, including motor sports promotion agreements with NASCAR, IROC, various raceways, racing teams and professional drivers.

Year Joined Organization

2006

Areas of Practice

Intellectual Property
Technology
Commercial/Corporate
Advertising
Litigation
Sweepstakes and Promotions

Bar Admissions

Illinois, 1996
Indiana, 2006
U.S. District Court Northern District of Illinois
U.S. District Court Southern District of Indiana
U.S. Court of Appeals 7th Circuit

Education

DePaul University College of Law, Chicago, Illinois, 1996
J.D.
Colby College, Waterville, Maine, 1993
B.A.
Major: Administrative Science

Published Works

E-Marketing Liabilities, Chapter 10.2 of The Growing Business Handbook, Kogan Page Limited, 2004
The Basics of Software Licensing, The Journal of Investment Compliance, Volume 2/Number4, Spring, 2002
Case Note: NBA v. Williams, 45 F.3D 684 (2nd Cir. 1995), DePaul University Journal of Art and Entertainment Law, 6J.Art & Ent. Law 121
Presentation: The Grokster Decision and Its Effect on Copyright Law, Chicago Bar Association Computer Law Committee, September, 2004
Business Law Basics, Speaker: 2007 Small Biz Brief Series
Intellectual Property 101 for the Small Business, Speaker: 2006 Small Biz Brief Series
Common Point of Purchase and Common Point Of Compromise, Speaker: 2006 InfraGard National Conference Regulatory Compliance Track, August, 2006

Representative Cases

Touchcom Inc, et al v. Gilbarco, 2:03-cv-00329-TJW
Touchcom Inc et al v. Dresser Inc., 2:04-cv-00246-TJW
Touchcom Inc et al v. Dresser Inc.
PRG-Schultz, Intl., Inc. v. Kirix Corp., et al., No. 03 C 1867 (N.D. Ill.)
Richard L. Bayless v. Cayman Trademark Trust (2006)

Representative Clients

Advised Municipal Client

Classes/Seminars Taught

Speaker, Small Biz Brief Series Intellectual Property 101 for the Small Business, 2006
Speaker, Regulatory Compliance Track Common Point of Purchase and Common Point of Compromise, InfraGard National Conference, 2006

Professional Associations and Memberships

Chicago Bar Association
Illinois State Bar Association
American Bar Association
Indiana State Bar Association
Indianapolis Bar Association
Chicago Bar Association Computer Law Committee