Profile
Zachary C. Kleinsasser concentrates his practice on complex commercial litigation, with a particular emphasis on intellectual property matters, including trademark and copyright litigation, and defending news and entertainment organizations from news-gathering and publication-related claims, including defamation and invasion of privacy matters. He also has a wide-range of experience handling general business and employment disputes, including trade secret litigation, and representing developers, property owners, landlords and tenants in real estate matters involving commercial leases, purchase and sales agreements, construction agreements, land use, and property valuation. Zack has tried cases in state and federal courts and represented clients in arbitration hearings before the American Arbitration Association and JAMS. Among Zack’s clients are companies and individuals in the fields of computer software, consumer products, entertainment, energy efficiency, health care, and insurance.
Concentrations
- Trademark and copyright litigation
- Media and First Amendment litigation
- Real estate and land use litigation
- Trade secret litigation
- Financial services litigation
- Complex commercial litigation
Capabilities
Experience
- 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.
- 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.
- 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.
- 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.
Recognition & Leadership
- Listed, Boston magazine, "Top Lawyers - Intellectual Property Rights," 2022
- Listed, Super Lawyers magazine, Massachusetts Super Lawyers, "Rising Stars," 2013-2018
- Member, Boston Bar Association
Credentials
Education
-
J.D., Boston College Law School
- Clinical Program Director, Boston College Environmental Affairs Law Review
- B.A., History, summa cum laude, Albion College
Admissions
- Massachusetts
- U.S. Court of Appeals for the First Circuit
- U.S. District Court for the District of Massachusetts
Languages
- French