Kay Schwartz

Partner

Overview

Kay Schwartz is a trademark protection lawyer who leads an experienced team of Foley Gardere lawyers in representing emerging, growing and established companies in their trademark protection, clearance, protection and registration around the world. On top of the latest issues businesses face, from branding, typosquatting, cybersquatting and theft, to international security issues, Kay and her team help clients develop sound intellectual property and business strategies, take advantage of opportunities, and address issues in spite of the laws and jurisdictions not keeping pace.

Her practice also involves all phases of IP litigation, including representing clients in administrative proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, as well as under the Uniform Domain Name Dispute Resolution Policy of the Internet Corporation for Assigned Names and Numbers. Her expertise extends to IP business transactions, such as acquiring, transferring and licensing of intellectual property assets, including patents, copyrights and domain names.

Kay collaborates with a network of foreign associates in locations as far-reaching as Macedonia, Serbia, United Arab Emirates, the European Union, Israel, Paraguay, Jamaica and Bermuda. Clients admire her passion and devotion to this work, and they appreciate that they can reach her around the clock and from any time-zone. Kay and her team offer clients 24/7 access to their intellectual property portfolios – an Internet portal where they can check on the status of their filings and get real-time answers to their questions, day or night.

Kay represents clients across a wide range of industries, including academia, alarm and security, building products, computer software, electronics, eyewear, hotel, medical devices/health care, oil and gas, powersport, restaurants, retail, technology and telecommunications.

Kay serves as the Co-Chair of the firm's Advertising, Copyright and Trademark Practice Group.

Professional Affiliations

  • Member, State Bar of Texas
  • Member, Dallas Bar Association
    • Intellectual Property Law Section
      • Former Board and Executive Committee Member
  • Fellow, American Bar Foundation
  • Life Fellow, Texas Bar Foundation
  • Fellow, Dallas Bar Foundation

Community Involvement

  • Sustainer, Junior League of Dallas
  • Member, Phi Kappa Phi Honor Society
  • Member, Tau Beta Pi Honor Society
  • Member, Chi Epsilon Honor Society
  • Member, Phi Delta Phi Honor Society
  • Member, Preston Hollow United Methodist Church
  • Former Co-Chair, Evergreen Gala
  • Former Co-Chair, Jingle Bell Run

Honors & Awards

  • Recognized, AV® Preeminent™ 5.0 out of 5 Peer Review Rated, Martindale-Hubbell® PEER REVIEW RATINGS™
  • Recognized, Texas Super Lawyers®, a Thomson Reuters business, as published in Texas Super Lawyers Magazine
    • Intellectual Property (2015-2017)
  • Recognized, The Best Lawyers in Dallas, D Magazine
    • Intellectual Property (2017)

Education

  • J.D., University of Houston Law Center, (1989), with honors
    • Member, Order of the Barons
    • Member, Order of the Coif
    • Member, Phi Delta Phi
  • M.C.E., Texas A&M University, (1986)
  • B.S., Texas A&M University, (1984), cum laude

Admissions

  • Texas State Courts (1989)
  • U.S. District Court for the Eastern, Northern, Southern and Western Districts of Texas
  • U.S. Patent and Trademark Office (1995)
  • U.S. Court of Appeals for the D.C. Circuit (1993)
  • U.S. Court of Appeals for the Federal Circuit (1990)
  • U.S. Court of Appeals for the Third, Fourth, Fifth, Sixth, Seventh, Ninth, Tenth and Eleventh Circuits
  • U.S. Supreme Court (1993)
  • Texas (1989)

Representative Matters

Showing of
Represented an information and communications technology company and its directors and executive officers in connection with establishing, modifying and terminating SEC Rule 10b5-1 trading plans for our client's shares
Assisted a Texas-based information and communications technology company in its adoption and subsequent termination of a shareholder rights plan ("poison pill")
Represented the Buyer, a large Dallas-based optical company, in its $112 million acquisition of a New York-based optical laboratory