Zachary C. Kleinsasser

Experience: Trademark and Copyright Litigation: MegaGen Implant Co. Ltd. v. Biotech Dental LLC, et al. (D.N.J. 2023): Representing dental implant provider in trademark infringement and counterfeiting lawsuit.; Saunders v. Picard, et al. (D. Mass. 2022): Obtained dismissal of copyright infringement lawsuit brought against thirteen defendants.; Hanesbrands Inc., et al. Keds LLC, et al. (D. Mass. 2020): Obtained dismissal of high-profile trademark infringement lawsuit concerning use of CHAMPION trademark.; Adlife Marketing & Communications Co. Inc. v. Gannett Co., Inc. (S.D.N.Y. 2020): Defended largest U.S. newspaper publisher in copyright infringement lawsuit. Obtained settlement.; Swaab v. Calm.com, Inc. (E.D. Mich. 2020): Defending provider of goods and services related to meditation, sleep, and relaxation in trademark infringement lawsuit. Obtained dismissal of claims and sanctions award.; ReVision Energy, Inc. v. Revise Energy, Inc. (D. Mass. 2018): Defended energy company in trademark infringement lawsuit. Obtained settlement.; Sobol v.Canavan, et al. (D. Mass. 2017): Defended filmmakers in copyright infringement lawsuit related to claims arising from documentary Compared to What? The Improbably Journey of Barney Frank. After filing counterclaim, obtained settlement.; United Oil Heat, Inc. v. M.J. Meehan Excavating, Inc., et al. (Mass. Super. 2017 & Mass. App. Ct. 2018): Obtained order denying preliminary injunction and dismissing trademark infringement lawsuit on the grounds that alleged trademark was generic. Prevailed on appeal.; Fortgang v.Perieras Architects Ubiquitous, LLC, et al. (S.D.N.Y. 2016): Prevailed on motion to dismiss copyright infringement lawsuit against client and obtained sanction award of $95,296.00 in fees and $6,544.00 in costs.; American Consumer Credit Counseling, Inc. v. American Consumer Credit, LLC (D. Mass. 2016): Defended consumer credit company in trademark infringement lawsuit. Obtained settlement.; IvyMedia Corporation v. Ilikebus, Inc., et al. (D. Mass. 2015): Successfully opposed motion for preliminary injunction filed against transportation company in copyright infringement lawsuit.; SimpliSafe, Inc. v. ArcSoft, Inc., (D. Mass. 2014): Defended imaging technology company in trademark infringement lawsuit. Obtained settlement.; Southgate v. Villanueva, et al. (D. Mass. 2014 & 1st. Cir. 2016): Represented artist in trademark infringement lawsuit and obtained dismissal of all claims. Prevailed on appeal.; CrossFit, Inc. Mustapha (D. Mass. 2013): Obtained preliminary injunction, dismissal of counterclaim, summary judgment, permanent injunction, and award of statutory damages against sports club infringing trademark of international fitness company.; Columbia Data Products, Inc. Autonomy Corporation PLC (D. Mass. 2011): Defended computer software company in high-stakes copyright infringement action. Obtained settlement.; Big Sister Association of Greater Boston v. Big Brothers Big Sisters of Massachusetts Bay (D. Mass. 2007): Represented prominent youth mentoring organization in Massachusetts federal court lawsuit involving trademark infringement under federal and state law. Obtained dismissal of all claims.; Media and First Amendment Litigation: Wood v. Netflix, et al. (M.D. Fla. 2022): Defending defamation, libel per se, libel per quod, and related claims arising from documentary Who Killed Malcom X?; Gannett Co., Inc. v. City of Fall River (Mass. Super. 2022): Representing national newspaper and website publishing company in public access matter.; DeQuattro v. Gannett Media/Wicked Local Burlington (Mass. Super. 2021): Obtained termination of impoundment order on behalf of national newspaper and website publishing company.; Alharbi v. Beck, et al. (D. Mass. 2014): Defended defamation claim against television talk show host and media companies. Obtained settlement.; Kirk v. Commonwealth (Mass. SJC 2011): Represented national newspaper and website publishing company as amicus curiae in matter involving the right to privacy in a civil recommitment proceeding.; Real Estate and Land Use Litigation: R.K. Westboro, LLC v. Amazon Retail LLC, et al. (Mass. Super 2023): Defending commercial tenant in breach of lease dispute.; Westwood Global Investments, LLC v. Dewey Square Tower Associates, LLC, et al. (Mass. Super. 2021): Defending commercial landlord in breach of contract lawsuit.; Rocsam Properties, LLC v. Carey International, Inc., et al. (Mass. Super. Ct. 2017 and 2020): Obtained dismissal of two lawsuits brought by landlord alleging that client-tenant breached a commercial lease.; CSHV Concord, LLC v. Omega Management Group Corp., et al. (Mass. Dist. Ct. 2014): After bench trial, obtained judgment for possession, unpaid rent, and attorney's fees on behalf of commercial property owner.; Complex Commercial Litigation: Vigliano Associates, Ltd. v. Gaines, et al. (N.Y. Sup. Ct. 2022): Defending high-profile authors and television personalities, as well as well-known retail company, against literary agency asserting breach of contract in multimillion-dollar lawsuit.; (JAMS 2022): Representing large company in breach of contract arbitration.; Errant Gene Therapeutics, LLC v. Sloan-Kettering Institute for Cancer Research (N.Y. Sup. Ct. 2017 and Mass. Super. 2020): Represented pharmaceutical company in breach of contract and fraud lawsuits. Obtained settlement during trial.; (JAMS 2019): Represented well-known athlete in breach of contract arbitration.; CrossFit, Inc. Reebok International, Ltd. (N.D. Cal. 2018): Represented international fitness company in multimillion-dollar breach of contract and unfair competition litigation against former footwear manufacturer. Obtained settlement.