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Jason C. Kravitz
Partner / Leader, Cybersecurity & Privacy
Introduction
Jason Kravitz is a practice group leader and also heads the firm’s Cybersecurity & Privacy team.
Jason is an experienced and highly effective trial lawyer. He is CIPP/US-certified and routinely helps clients respond to cyberattacks – including ransomware attacks, business email compromises, and funds transfer frauds – and litigates TCPA and other class-action cyber/privacy disputes.
Jason previously led the firm’s Intellectual Property Practice Group, has tried numerous patent, trademark, copyright, trade secret, and software disputes, and proudly represented Nobel laureates in two unrelated patent cases.
Jason has also represented clients in IPv4 address block ownership disputes.
My focus
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. In addition, I have also represented clients in disputes pertaining to ownership of IPv4 address blocks.
Intellectual Property Litigation
I previously co-led the firm’s Intellectual Property Practice Group and have extensive experience running and trying high-stakes patent, trademark, copyright, trade secret, false advertising, and software implementation disputes, and proudly represented Nobel laureates in two unrelated patent cases.
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.)
Looking ahead
Cyberattacks are more prevalent than ever, and every business should expect to become a victim. Being prepared is key. A comprehensive response starts with having experienced counsel to quarterback the process.
In the news
- The Wall Street Journal
Patient drops request to compel hospital group to pay ransom
May 2, 2023Boston partner and Cybersecurity & Privacy practice leader Jason Kravitz is quoted in this article, which discusses a plaintiff dropping her request to force a Pennsylvania health network to pay hackers a $5 million ransom to remove stolen patient photos from the internet. Jason explains why there is a high legal burden for a court to order a company to do something—such as paying a ransom—as opposed to refrain from doing something damaging.
- Security Magazine
Security leaders share Data Privacy Week thoughts and advice
Jan 27, 2023Boston partner and Cybersecurity & Privacy practice leader Jason Kravitz is quoted in this article, which features commentary from data security leaders on how to best protect sensitive information. Jason explains why every organization should make cyber resilience the centerpiece of its security plan for 2023 and why cutting cybersecurity spending could be catastrophic.
- The Boston Globe
From Blizzard legal battles to 15 minutes of casket fame, it was another weird, wacky year in Boston business
Dec 26, 2022This column of notable Boston-area business news from 2022 includes client W.B. Mason Co.’s trial victory in a trademark infringement and dilution case brought by Dairy Queen related to the client’s BLIZZARD private-label spring water. The article mentions the firm for representing W.B. Mason. NP’s trial team, led by Intellectual Property partner and Cybersecurity & Privacy practice group leader Jason Kravitz, included Cybersecurity & Privacy counsel Gina McCreadie, associates Leslie Hartford and Melanie Dempster, and Complex Disputes senior counsel Deborah Thaxter, all of the Boston office.
- Minnesota Lawyer
Dairy Queen loses round in dispute over BLIZZARD name
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.July 7, 2022 - Massachusetts Lawyers Weekly
In 'blizzard' battle, W.B. Mason tops Dairy Queen
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.July 1, 2022 - World Intellectual Property Review
Lost in a blizzard: Buffett's Dairy Queen trademark loss
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.”June 23, 2022 - Boston Business Journal
W.B. Mason defeats Dairy Queen in 'Blizzard' trademark fight
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.June 21, 2022 - Reuters
Warren Buffett's Dairy Queen loses lawsuit over ‘Blizzard’ name
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.June 21, 2022 - NBC Boston
WB Mason defeats Dairy Queen in Blizzard trademark fight
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.June 21, 2022 - Law360
Judge shuts door on Dairy Queen's 'Blizzard' trademark fight
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.June 21, 2022 - Boston Globe
Federal judge rules W.B. Mason's use of 'Blizzard' does not infringe on Dairy Queen's trademark
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.June 20, 2022 - Banking Law Journal
36 Hours: What banks should know about the new reporting requirements for computer security incidents
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.April 26, 2022 - Massachusetts Lawyers Weekly
Promotions
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.March 4, 2022 - Law360
Canadian cannabis co. can't escape Georgia IP theft suit
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.Dec 1, 2021 - Law Street
Judge: Beverage industry tortious interference case to proceed
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 RefrescoNov 30, 2021 - Star Tribune
Dairy Queen goes to court over Blizzard name
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.Oct 19, 2021 - Modern Restaurant Management
MRM research roundup: Mid-August 2021 edition
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 groupAug 16, 2021 - Intellectual Property & Technology Law Journal
Dial away? The future of TCPA after Facebook v. Duguid
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.June 1, 2021 - Rochester Business Journal
Brunetti case attempts to further determine “unprotected speech”
This column by Rochester Corporate partner Jeremy Wolk analyzes a recent Supreme Court decision on whether individuals have a First Amendment right to register federal trademarks of “obscene” words and phrases. The column is based on an NP Alert written by Intellectual Property partners Jeff Costellia, Jason Kravitz and Deanna Kunze, and associate Anthony Duncan.July 26, 2019 - The Boston Globe
Senate approves legislation to crack down on patent trolls
Boston Intellectual Property co-practice group leader Jason Kravitz is quoted in this article analyzing legislation approved by the Massachusetts Senate to reduce patent infringement claims made by “patent trolls.” Jason says such legislation is important in a state with a strong entrepreneurial economy.July 28, 2018 - Boston Herald
DQ Sues W.B. Mason over Use of “Blizzard”
In the following coverage, Boston IP litigation partner Jason Kravitz is mentioned as lead attorney for W.B. Mason in its countersuit against Dairy Queen, about a trademark case over the use of the term “Blizzard.” “We obviously don’t think we’re in the wrong, at all,” Kravitz said. “These are fundamentally different business lines—fundamentally different channels of trade. We don’t think any reasonable person is ever going to confuse a bottle of water with W.B. Mason on the label and a Dairy Queen frozen dessert.”March 18, 2018 - Courhouse News Service
Office Supplier Fires Back at Dairy Queen in Trademark Spat
In the following coverage, Boston IP litigation partner Jason Kravitz is mentioned as lead attorney for W.B. Mason in its countersuit against Dairy Queen, about a trademark case over the use of the term “Blizzard.” “We obviously don’t think we’re in the wrong, at all,” Kravitz said. “These are fundamentally different business lines—fundamentally different channels of trade. We don’t think any reasonable person is ever going to confuse a bottle of water with W.B. Mason on the label and a Dairy Queen frozen dessert.”March 16, 2018 - Law360
WB Mason Strikes Back Against Dairy Queen 'Blizzard' Suit
In the following coverage, Boston partners Jason Kravitz and Gina McCreadie, senior counsel Deborah Thaxter, and associate Leslie Hartford are mentioned for representing W.B. Mason in a trademark infringement case against Dairy Queen over the use of the word “blizzard.”March 15, 2018 - Law360
Buffett's Dairy Queen sues W.B. Mason over 'Blizzard'
In the following coverage, Boston partners Jason Kravitz and Gina McCreadie, senior counsel Deborah Thaxter, and associate Leslie Hartford are mentioned for representing W.B. Mason in a trademark infringement case against Dairy Queen over the use of the word “blizzard.”March 15, 2018 - Westlaw Journal
Antique Car Dealer Taking the Low Road by Infringing Songs, Suit Says
This coverage highlights Freeplay Music Inc. v. Streetside Classics—a lawsuit over alleged use of copyrighted songs. Partner and leader of the IP Litigation practice Jason Kravitz and Long Island Commercial Litigation associate Seth Berman are noted as plaintiffs’ counsel.Sep 8, 2014
Admitted to practice
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
Education
Boston University School of Law, J.D., cum laude
Washington University, B.A., cum laude
Professional activities
- Member, International Trademark Association and the International Association of Privacy Professionals
Recognition
- 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 (2018–2023)
- 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)
Insights And Happenings
View AllProfessionals in the Practice Area
View AllJenny L. Holmes
Counsel / Deputy Leader, Cybersecurity & Privacy- Rochester
- Office:585.263.1494
- jholmes@nixonpeabody.com
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Dan Deane
Partner / Leader, Class Actions and Aggregate Litigation / Co-Leader, TCPA & Consumer Privacy Team- Manchester
- Office:603.628.4047
- ddeane@nixonpeabody.com
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Christopher M. Mason
Partner / Deputy Leader, Class Actions and Aggregate Litigation / Leader, Arbitration Team- New York
- Office:212.940.3017
- cmason@nixonpeabody.com
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