Kravitz Jason C

Jason C. Kravitz



Jason Kravitz co-leads the Intellectual Property (IP) group. He is also a Certified Information Privacy Professional (CIPP/US) and leads the firm’s data privacy and cybersecurity practice. Jason is a trial lawyer whose practice focuses on patent, trademark, copyright, trade secret, privacy, false advertising, and software implementation disputes. He 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 data breach responses.

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 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.

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.

Brunetti case attempts to further determine “unprotected speech”

Rochester Business Journal | July 26, 2019

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.

Contact

Jason C. Kravitz

Partner
Co-leader, Intellectual Property
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 (2013–2021)
  • 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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