Jason C. Kravitz - IP Litigation - Nixon Peabody LLP

Jason C. Kravitz



Jason Kravitz, a partner based in Nixon Peabody’s Boston office, leads the firm’s Cybersecurity & Privacy practice. He is a trial lawyer and Certified Information Privacy Professional (CIPP/US) who previously co-led the firm’s Intellectual Property practice. In addition to litigating privacy-related disputes, Jason focuses his practice on patent, trademark, copyright, trade secret, false advertising, and software implementation disputes. Jason has litigated cases involving a broad array of technologies, including software and hardware, personal care products, wireless devices, footwear, dental implants, chemical catalysts, and ad tech. He advises clients on privacy issues and has directed numerous cyberattack responses. Over the course of his career, Jason has successfully led teams in high-profile and high-stakes privacy, IP, and technology disputes—and proudly represented two Nobel laureates.

What do you focus on?

I focus on litigating and resolving IP and technology disputes and privacy-related matters. I have confidence in my ability to accurately assess a case upfront and, where appropriate, will embrace alternative fee arrangements.

Litigation, Arbitration, and Administrative Proceedings

I’ve tried complex cases to verdict in courts across the country and in numerous confidential arbitrations. I’ve also argued Markman, summary judgment, and injunction hearings in dozens of courts. I represent clients in administrative proceedings and before the Federal Trade Commission. I advise clients on a host of issues, including IP and privacy.

Trademark Management and Enforcement

I help clients strategically manage and enforce their domestic and international trademark portfolios. I also counsel companies on new product development and advertising/promotion issues.

Privacy and Cybersecurity

I frequently advise clients on data protection and privacy issues. I have extensive experience in data breach investigations and remediation and led the team that defended NebuAd in an early case involving targeted online advertising technology.

What do you see on the horizon?

Western companies will continue to struggle navigating China’s complex IP system and will need the assistance of lawyers with real-world experience. Digital content will continue to be the center of the copyright universe. Third-party financing is having a profound impact on litigation and dispute resolution. Privacy issues will pervade virtually every facet of modern commerce.

Representative Experience

  • Representing large B2B office supplier in trademark action against Dairy Queen concerning use of the “Blizzard” trademark. (D. Minn.)
  • Successfully defended large telemarketing call center in several actions alleging violations of the Telephone Consumer Protection Act of 1991 (TCPA).
  • Successfully persuaded PTAB to deny institution of IPR against two separate patents directed to tampon applicators and owned by Edgewell Personal Care Co. (owner of Schick, Playtex, Hawaiian Tropic, and Edge brands) (IPR2017-00694 and IPR2017-00693).
  • Defended Edgewell Personal Care Co. against patent infringement allegations involving private label razors. The case settled. The Gillette Co. v. Edgewell Personal Care Co. (S.D.N.Y.)
  • Successfully led defense of manufacturer of materials using Nobel Prize-winning technology in years-long patent dispute. (D. Del.)
  • Defended ERP software implementation consultant against allegations of fraud and breach of contract. Case settled favorably shortly before trial. (W.D. Tex.)
  • Led team responding to data breach at large privately-owned company, including coordination with law enforcement, assessment of notification obligations, and remediation efforts.
  • Defended State Street Corporation in patent infringement action brought by non-practicing entity concerning electronic communications. Judgment entered for defendants and attorneys’ fees awarded. (N.D. Ill.)
  • Defended IDentrix, developer of security software used by TSA, against trademark infringement allegations involving “Identix” and “Identrix” registered marks. The case settled. MorphoTrust USA, LLC v. IDentrix, LLC et al. (D. Mass.)
  • Defended technology company against allegations that negligent performance of services resulted in data breach of large health care provider, including coordination with HHS and law enforcement, assessment of notification obligations, and remediation efforts.
  • Defended specialty chemical company against allegations of willful patent infringement and inequitable conduct involving Nobel prize-winning catalyst technology.
  • Represented Advertise.com, the leading ad network for online advertising, in an action brought by AdSupply for copyright infringement in connection with software involving online advertisement delivery. The case settled. AdSupply, Inc. v. Advertise.com, Inc. (C.D. Cal.)
  • Led team that defended 29 companies, including some of the world’s best known brands, in case in which 450 defendants were accused of patent infringement by a non-practicing entity involving a patent directed at online access to geographically and topically based information. The case was dismissed and judgment was entered for defendants. GeoTag Inc v. Frontier Communications (E.D. Tex.)
  • Defended Neff, a snowboard and skateboard fashion company, against allegations of trade dress infringement. The case settled after Neff filed a comprehensive summary judgment motion. Oakley, Inc. v. Neff, LLC (S.D. Calif.)
  • Represented the Schick division of Edgewell Personal Care Co. in a patent litigation dispute involving razors and razor cartridges. The case was dismissed. Eveready Battery Co. Inc., et al. v. Dorco USA, Inc., et al. (D. Conn.)
  • Defended Peoplefluent, a provider of cloud-based talent management software, against patent infringement allegations filed by an NPE. The case settled. Trunqate LLC v. Peopleclick, et al. (E.D.N.C.)
  • Defended TrueX Media, a digital advertising company, against allegations of trademark infringement concerning use of TRUEX MEDIA mark. The case settled. True Media LLC v. Truex Media Inc. et al. (N.D. Ill.)
  • Represented Freeplay Music, a digital music library, in a copyright infringement case against a Japanese power tool manufacturer concerning use of music in advertisements. The case settled. Music, LLC v. Makita Corporation and Makita U.S.A., Inc. (S.D.N.Y.)
  • Defended Compandent, which develops innovative DSP algorithms and related software, against allegations of copyright infringement involving certain software files. The case settled. Vocal Technologies, Ltd. v. Compandent, Inc. (W.D.N.Y.)
  • Represented Shamballa Jewels, a Danish company that designs and sells distinctive high-end jewelry, in a trademark infringement action involving a jewelry manufacturer. The case settled. Shamballa Jewels ApS v. Midas Chain, Inc. (S.D.N.Y.)
  • Defended Taleo Corporation and Vurv Technology, Inc., software companies in the talent management space, against allegations of patent infringement involving online résumé processing technology. The case settled favorably during trial. Kenexa BrassRing Inc. v. Taleo Corp. and Vurv Technology, Inc. (D. Del.)
  • Represented Transched Systems, a Canadian transportation software company, in an action for fraud against Versyss Transit Solutions. Prevailed at trial. (Del. Super. Ct.)

Dairy Queen loses round in dispute over BLIZZARD name

Minnesota Lawyer | July 07, 2022

Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz is quoted in this article covering the recent win for client W.B. Mason Co., finding that the company didn’t violate Dairy Queen’s trademark rights by using the BLIZZARD name on its private-label spring water. The NP trial team, led by Jason, also included Privacy & Technology counsel Gina McCreadie and associates Leslie Hartford and Melanie Dempster, and Complex Disputes senior counsel Deborah Thaxter, all of the Boston office.

In 'blizzard' battle, W.B. Mason tops Dairy Queen

Massachusetts Lawyers Weekly | July 01, 2022

Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz is quoted throughout this article covering the recent federal court win for client W.B. Mason Co., finding that the company didn’t violate Dairy Queen’s trademark rights by using the BLIZZARD name on its private-label spring water. The NP trial team, led by Jason, also included Privacy & Technology counsel Gina McCreadie and associates Leslie Hartford and Melanie Dempster, and Complex Disputes senior counsel Deborah Thaxter, all of the Boston office.

Lost in a blizzard: Buffett's Dairy Queen trademark loss

World Intellectual Property Review | June 23, 2022

Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz is quoted throughout this article covering the recent federal court decision in favor of client W.B. Mason Co., finding that the company did not violate Dairy Queen’s trademark rights by using the BLIZZARD name on its private-label spring water. The NP trial team, led by Jason, also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Disputes senior counsel Deborah Thaxter and associate Melanie Dempster, all of the Boston office. The win earned them recognition as runners-up for AmLaw’s “Litigator of the Week.”

W.B. Mason defeats Dairy Queen in 'Blizzard' trademark fight

Boston Business Journal | June 21, 2022

The following article covers a federal court’s decision in favor of client W.B. Mason Co., finding that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The articles quote Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, who led the trial team for W.B. Mason. The NP trial team also included Intellectual Property counsel Gina McCreadie and Complex Disputes associate Melanie Dempster, both of the Boston office and the Privacy & Technology group.

Warren Buffett's Dairy Queen loses lawsuit over ‘Blizzard’ name

Reuters | June 21, 2022

The following article covers a federal court’s decision in favor of client W.B. Mason Co., finding that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The articles quote Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, who led the trial team for W.B. Mason. The NP trial team also included Intellectual Property counsel Gina McCreadie and Complex Disputes associate Melanie Dempster, both of the Boston office and the Privacy & Technology group.

WB Mason defeats Dairy Queen in Blizzard trademark fight

NBC Boston | June 21, 2022

The following clip covers a federal court’s decision in favor of client W.B. Mason Co., which found that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The NP trial team, led by Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Disputes senior counsel Deborah Thaxter and associate Melanie Dempster, all of the Boston office.

Judge shuts door on Dairy Queen's 'Blizzard' trademark fight

Law360 | June 21, 2022

The following clip covers a federal court’s decision in favor of client W.B. Mason Co., which found that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The NP trial team, led by Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Disputes senior counsel Deborah Thaxter and associate Melanie Dempster, all of the Boston office.

Federal judge rules W.B. Mason's use of 'Blizzard' does not infringe on Dairy Queen's trademark

Boston Globe | June 20, 2022

The following article covers a federal court’s decision in favor of client W.B. Mason Co., finding that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The articles quote Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, who led the trial team for W.B. Mason. The NP trial team also included Intellectual Property counsel Gina McCreadie and Complex Disputes associate Melanie Dempster, both of the Boston office and the Privacy & Technology group.

36 Hours: What banks should know about the new reporting requirements for computer security incidents

Banking Law Journal | April 26, 2022

This contributed article by Complex Disputes partners Chris Queenin in Boston and Chris Mason in New York, and Boston partner and Privacy & Technology group leader Jason Kravitz, covers the new federal rule requiring financial institutions to report certain high-risk computer-security incidents within 36 hours after the incident occurs, following a trend of increased federal oversight involving cybersecurity.

Promotions

Massachusetts Lawyers Weekly | March 04, 2022

This column of notable attorney moves and elevations in the Massachusetts legal community mentions Boston partner Jason Kravitz for his new role leading the firm’s Privacy & Technology practice group.

Canadian cannabis co. can't escape Georgia IP theft suit

Law360 | December 01, 2021

The following article covers a litigation win for client Refresco Beverages US Inc., in which a federal judge denied a motion by defendant Green Organic Dutchman Holdings Ltd. to dismiss it from litigation alleging the theft of a secret drink formula. Boston partner Jason Kravitz, co-leader of the Intellectual Property practice, and Boston Intellectual Property associate Leslie Hartford are representing Refresco.

Judge: Beverage industry tortious interference case to proceed

Law Street | November 30, 2021

The following article covers a litigation win for client Refresco Beverages US Inc., in which a federal judge denied a motion by defendant Green Organic Dutchman Holdings Ltd. to dismiss it from litigation alleging the theft of a secret drink formula. Boston partner Jason Kravitz, co-leader of the Intellectual Property practice, and Boston Intellectual Property associate Leslie Hartford are representing Refresco

Dairy Queen goes to court over Blizzard name

Star Tribune | October 19, 2021

This coverage provides an overview of the W.B. Mason and Dairy Queen trial underway in Minnesota, in which DQ alleges that W.B. Mason’s house brand of BLIZZARD spring water infringes and dilutes DQ’s BLIZZARD mark. Intellectual Property practice co-leader Jason Kravitz, of the Boston office, is leading the W.B. Mason trial team, which also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Commercial Disputes resident attorney Melanie Dempster, all of the Boston office.

Dairy Queen sues W.B. Mason over ‘Blizzard’ name

Fox News | October 19, 2021

This coverage provides an overview of the W.B. Mason and Dairy Queen trial underway in Minnesota, in which DQ alleges that W.B. Mason’s house brand of BLIZZARD spring water infringes and dilutes DQ’s BLIZZARD mark. Intellectual Property practice co-leader Jason Kravitz, of the Boston office, is leading the W.B. Mason trial team, which also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Commercial Disputes resident attorney Melanie Dempster, all of the Boston office.

MRM research roundup: Mid-August 2021 edition

Modern Restaurant Management | August 16, 2021

This state-of-the-restaurant-industry and outlook article includes NP’s Q3 Food & Beverage Crystal Ball, covering trends around labor shortages, ransomware attacks, wildfires, and brewery distribution agreements. The insights were provided by Intellectual Property co-leader and Cybersecurity & Privacy team leader Jason Kravitz and Corporate associate Anthony Bova, both in Boston; Providence Labor & Employment counsel Jessica Schachter Jewell; and San Francisco counsel Ian T. O’Banion, and Albany associate Dana P. Stanton, both of the Affordable Housing & Real Estate group

Dial away? The future of TCPA after Facebook v. Duguid

Intellectual Property & Technology Law Journal | June 01, 2021

Intellectual Property co-leader and Boston partner Jason Kravitz, Washington, DC associate Palash Basu, and Boston associate Leslie Hartford, both of the Intellectual Property group, contributed this article analyzing the Supreme Court’ s interpretation of what constitutes an autodialer and compliance concerns regarding common business communication methods.

Contact

Jason C. Kravitz

Partner
Leader, Cybersecurity & Privacy

Boston

Phone: 617-345-1318


Fax: 866-947-1715

Boston University School of Law, J.D., cum laude

Washington University, B.A., cum laude

Massachusetts

Rhode Island

District of Columbia

U.S. Court of Appeals, First Circuit

U.S. Court of Appeals, Fourth Circuit

U.S. Court of Appeals, Eighth Circuit

U.S. Court of Appeals, Federal Circuit

  • World Trademark Review 1000—Recommended as a leading Massachusetts lawyer for trademark enforcement and litigation (2013–2022)
  • The Best Lawyers in America®—Recognized for Litigation—Intellectual Property (2018–2022)
  • Managing Intellectual Property—Recognized as an “IP Star” (2013–2021)
  • Super Lawyers Magazine—Recognized as a Massachusetts Super Lawyer (2014–2019)
  • Legal 500 United States—Ranked for Trade Secrets (2017)

Jason is a member of the International Trademark Association and the International Association of Privacy Professionals.

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