Jason Kravitz heads up Nixon Peabody's Brands & Creations team, overseeing the firm's trademark and copyright practice. Jason is a trial lawyer and his practice focuses on patent, trademark, copyright, trade secret, privacy, and false advertising disputes. He has litigated cases involving a broad range of technologies, including software and hardware, business methods, personal care products, wireless devices, footwear, dental implants, and online advertising applications.
What do you focus on?
I focus on litigating and resolving intellectual property disputes. I also help clients strategically manage and enforce their trademark portfolios, and regularly advise them on Internet-related issues.
I frequently speak at industry events on a variety of IP-related topics.
Litigation, Arbitration and Administrative Proceedings
I've been lead trial counsel in dozens of jury and bench trials and arbitrations across the country. I've also argued numerous appeals, and have obtained and defeated injunctions in courts across the country. I represent clients in UDRP proceedings and in matters before the Trademark Trial and Appeal Board and the Federal Trade Commission. I routinely advise clients on copyright matters, including disputes over source code and DMCA issues. I work closely with clients to devise appropriate alternative fee arrangements for handling their litigation matters.
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.
I frequently advise clients on Internet-related issues such as cybersquatting, phishing, framing, keyword advertising, drafting and modifying website terms and conditions, and website data protection and privacy issues. I have extensive experience in data breach investigations and remediation and led the team that defended NebuAd in a case related to micro-targeted online advertising technology.
What do you see on the horizon?
Western companies will continue to struggle in 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.
Recent Professional Highlights Include:
- Obtained a jury verdict and damages award in a technology dispute arising out of acquisition of software company (Delaware Superior Court)
- Obtained favorable settlement of a patent dispute half-way through jury trial (United States District Court for the District of Delaware)
- Obtained summary judgment for defendants in $600 million franchise/trademark dispute (United States District Court for the District of South Dakota -- decision affirmed by the Eighth Circuit)
- Successfully opposed preliminary injunction motion in software dispute (United States District Court for the District of Massachusetts)
- Obtained decision from United States Court of Appeals for the Fourth Circuit affirming judgment of non-infringement in trademark case
- Obtained judgment of non-infringement after trial of trademark infringement case (United States District Court for the Eastern District of Virginia -- Alexandria)
- Obtained summary judgment of non-infringement in trademark case (United States District Court for the Eastern District of Virginia -- Norfolk)
- Successfully opposed preliminary injunction motion after two-day evidentiary hearing in patent case (United States District Court for the District of Massachusetts)
- Obtained summary judgment of non-infringement in patent case (United States District Court for the District of Massachusetts)
- Secured favorable Markman rulings in patent case after two-day evidentiary hearing (United States District Court for the District of Massachusetts)
- Obtained favorable settlement at the close of plaintiff’s case in copyright trial (United States District Court for the District of Rhode Island)
- Obtained defense verdicts in two separate medical device liability trials (New Hampshire Superior Court)
- Obtained preliminary injunction in trade dress infringement case (United States District Court for the District of Massachusetts)