PARTNER
Overview
Tom Kulik is a Partner at Scheef & Stone, L.L.P. and a valuable member of the firm’s Intellectual Property Practice Group. In his 25th year of private legal practice, Mr. Kulik is a much sought-after technology lawyer, using his skills as a former computer systems engineer to creatively counsel his clients in navigating the complexities of law and technology in their business. C-Suite executives regularly seek his assistance and counsel in navigating the intersection of law, business and technology – with a unique understanding of how intellectual property assets influence business, he strategically counsels clients on matters involving the evaluation, acquisition, development and protection of intellectual property rights, with an emphasis on creatively leveraging such assets both domestically and internationally.
Experience
Prior to matriculation in law school, he was an award-winning systems engineer for 3Com Corporation, where he was responsible for local and wide-area network architecture and design supporting both Fortune 500 and start-up companies in the computer services, financial and pharmaceutical industries. After law school, he was appointed to a one-year state judicial clerkship in New Jersey, after which he began private practice splitting his time as a litigation attorney and transactional counsel. Before being recruited to Texas in 1998, he was fortunate enough to act as the primary intellectual property counsel to a consortium of state entities in NJ, NY, PA and DE for the implementation of a $500M electronic toll collection system known as “E-ZPass®”.
Leveraging this industry experience, his cutting-edge practice is focused on the legal impact of technology on clients’ businesses. He strategically counsels and represents clients as outside general counsel on matters involving the evaluation, acquisition, development and protection of technology and associated IP rights, and creatively leverages such assets both domestically and internationally. His practice spans IT transactions, computer software development/licensing, cloud computing, emerging Internet technologies (such as blockchain and cryptocurrencies), e-commerce, mobile application development, social media/branding, cybersecurity, and IP/technology litigation. Having worked on data privacy issues both domestically and internationally since 1998, he is also a highly experienced data privacy attorney, including but not limited to counseling on the U.S. Privacy Shield and the Global Data Protection Regulation (GDPR).
His practice also includes an extensive domestic and international trademark preparation and prosecution practice providing full-service trademark representation, including trademark opposition and cancellation proceedings at the Trademark Trial and Appeal Board of the USPTO and well as UDRP proceedings. With his experience as a commercial litigator, he remains involved in complex intellectual property litigation involving copyrights, trademarks/unfair competition, patents and trade secrets.
Mr. Kulik has been recognized by his peers as among the “Best Lawyers in Dallas” practicing intellectual property by D Magazine since 2016. National and international news outlets reach out to Tom for his insight – he has frequently appeared on NBC5 DFW and been quoted by such media organizations as CNBC and Reuters. In August 2017, he was selected as a weekly IP columnist for AboveTheLaw.com, one of the nation’s leading online legal news and entertainment publications. He is also a frequent speaker/presenter, as well as a commentator on nationally syndicated radio and television on trending legal issues involving technology. Read more about his thoughts on the intersection of law, technology and business at www.abovethelaw.com/author/tomkulik, and stay on the cutting-edge of challenging technology and IP law topics via Mr. Kulik’s blog at www.legalintangibles.com.
Associations
- Fellow, Texas Bar Foundation
- Past Member, Texas Pro Bono College
- Texas Bar Association: Member, Intellectual Property, Computer & Technology and Entertainment & Sports Law Sections
- Dallas Bar Association: Member, Intellectual Property, Science & Technology Law (f/k/a Computer Law) and Sports & Entertainment Law Sections
- Dallas Bar Association: Science & Technology Law Section 2013; Vice-Chairman, Science & Technology Law Section 2012; Treasurer, Science & Technology Law Section, 2011
- Member, Intellectual Property Law, Computer Law and Sports and Entertainment Law Sections
- Chairman, State Bar of Texas District 1, Panel 1, Grievance Committee (July 2013 – Present)
Education
- Juris Doctor, Pace University School of Law School, 1993
- Bachelor of Arts, Franklin & Marshall College, 1987
Community
- Member, Board of Directors, Earning by Learning of Dallas (a nationally recognized, research driven program, based on the use of incentives to encourage children to learn) – January 2011- August 2013
- Member, Board of Directors, Big Thought (a learning partnership committed to inspiring, empowering and uniting children and communities through arts and culture) 2004-2010
Honors
- Selected in “Best Lawyers in Dallas” list, D Magazine, 2016 – 2020
Practice Areas
- Copyright Litigation
- E-Commerce
- Internet & Social Media
- Licensing & Technology Transfers
- Media & Entertainment
- Trademark Prep & Prosecution
- Patent Litigation
- Trade Secret Litigation
- Trademark Litigation
- Computer Fraud & Privacy Litigation
- Copyright Litigation
- Cyber Insurance Coverage & Litigation
- Trade Secret Litigation
- Trademark Litigation
Publications
- “The Online Tug-of-War for Copyrighted Content”, Dallas Bar Association HEADNOTES, January 2009
- “Stormy Weather: Forecasting the Legal Issues in Cloud Computing”, Dallas Bar Association HEADNOTES, November 2010
- “Typosquatting” and Your Brand: Picking the Fruits of Another’s Domain”, Direct Selling Association Supplier Course Newsletter, July 30, 2010
- “Don’t Get Robbed: Patent & Trademark Protection in a Digital World”, 2010 Direct Selling Association Legal Issues of the Day Seminar, Washington, D.C. – September 2010
- “Partly Sunny with a Chance of Rain: Forecasting the Legal Issues in Cloud Computing” Dallas Bar Association, Computer Law Section CLE, September 2010
- “Harvesting the Fruits of Another’s Domain: Protecting Your Brand in a Social Media World”, Direct Selling Association Annual Meeting, Miami, FL – June 2011
- “Partly Sunny with a Chance of Rain II: Forecasting the Legal Issues in Cloud Computing”’ Dallas Bar Association, Computer Law Section CLE, October 2013
- “Non-Trademark Issues Trademark Practitioners Should Know” International Trademark Association Roundtable, June 2014
- “More Than Meets the iOS: Three Important Takeaways from the Apple/FBI Standoff”, Texas Bar Journal, July 2016
- “Cybersecurity & Credit Unions: Practical Tools for IT Professionals to Minimize Risk & Legal Liability”, Credit Union National Association IT Security Summit, Las Vegas, NV, September 27-28, 2016
- “Emerging Issues in the Cloud: Examining the Tension Between Safety and Privacy Rights in 2016 and Beyond”, The Knowledge Group LIVE Webcast, October 19, 2016
- “Safeguarding Customer Data in an Unsafe World”, Panelist, 2016 DSA Business & Policy Conference, Washington, D.C., October 24-25, 2016
- “Recent Developments in Videogame Law” , Panelist, Joint Meeting of the Dallas Bar Association Science & Technology Law and Sports & Entertainment Law Sections, Dallas Bar Association, October 26th, 2016
- “All Thumbs? Mobile Biometrics, Your Data and the Law”, Texas Bar Journal, November 2016
- “Don’t Let the Cloud Rain on Your Parade. Emerging issues with software-as-a-service providers and ethical obligations.”, Texas Bar Journal, February 2017
- National weekly IP columnist for AboveTheLaw.com (August 2017 – present) – Columns can be found at www.abovethelaw.com/author/tomkulik
Admissions
- State Bar of Texas
- State Bar of New Jersey