Jason Sweet

Associate

Phone: 617.723.7700
Fax: 617.227.0313
Email:

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Jason Sweet

Overview

Jason Sweet provides counsel on issues related to the increasingly complex laws governing entertainment and Internet practices, specifically issues related to copyrights and trademarks. He has served as lead counsel in multiple intellectual property and complex civil litigation matters and has a successful track record in high-profile federal district court cases and appellate litigation.

Jason also counsels clients on transactional issues, including drafting, negotiation, and interpretation of agreements regarding television production, and software development; and a variety of Internet-based contracts, including e-commerce, online advertising and publishing, and online hosting agreements.

Jason has assisted in counseling the publisher of the Worst Case Scenario handbooks in enforcing their domestic and international copyrights and trade dress. He also took part in drafting the legislative changes to M.G.L. c. 104a (Consignment of Fine Art).

Prior to his career in law, Jason spent a decade as a copywriter for several national advertising agencies including Hill Holliday, Digitas and Leo Burnett, earning several awards along the way.

Jason frequently is invited to speak to various professional audiences. He has appeared on national programs and has been a quoted source for numerous national media outlets.

Experience

  • Provided strategic legal advice in matters of trademarks, copyrights, trade dress, trade secrets and domain names for southeast Asian clients seeking to enter the U.S. market.
  • Successfully negotiated a license permitting the Lutheran Church to continue its infringing works based on the Worst Case Scenario handbooks’ trade dress.
  • Drafted legislative changes to Massachusetts General Laws Ch. 104a (Consignment of Fine Art), allowing artists to retrieve their works from galleries in receivership.
  • Prevented the judicial sale of Parliament-Funkadelic copyrights, sending them from receivership back to the Mothership!
  • Secured an award of actual and punitive damages nearing $700,000 on motion to dismiss in a complex defamation action.
  • Obtained a rare finding of reverse domain name hijacking when a U.S. Congressman attempted to silence political websites dedicated to discussing his policies.
  • Secured a substantial consent judgment in a putative RICO class action brought on behalf of a client falsely accused of copyright infringement. This case was instrumental in deterring the proliferation of further fraudulent infringement actions within the state.
  • In a matter of first impression, the District Court adopted our opposition to the defendants’ motions to dismiss the core of our client’s claims – finding the Noerr-Pennington doctrine does not apply outside of the antitrust context where immunity is cognizable only under the Petition Clause of the First Amendment. Shirokov v. Dunlap, Grubb & Weaver PLLC et al., 2012 U.S. Dist. LEXIS 42787, *51-60 (D. Mass. Mar. 1, 2012).
  • Prevailed in a motion to sanction the plaintiffs’ attorneys for vexatious litigation, winning an award of more than $250,000.
  • Assisted the Department of Justice, Federal Bureau of Investigation, Internal Revenue Service and state bars of Minnesota and Illinois in disbarring and convicting attorneys of criminal charges stemming from their fraudulent litigation campaign. A docuseries by One City Films regarding the matter is currently in pre-production. Lightspeed Media Corp. v. Smith et al, 314 F.3d 699 (7th Cir. 2014), 830 F.3d 500 (7th Cir. 2016).
  • Defeated Dr. Seuss Enterprises, L.P. (“DSE”) claims that our client’s book would infringe a trademark in the title of Oh, The Places You’ll Go!, and DSE’s claimed rights in Dr. Seuss’s illustration style. The case remains a launching pad for further explorations of the frontiers of fair use. Seuss Enterprises, L.P. v. ComicMix LLC, 372 F. Supp. 3d 1101 (S.D. Ca. 2019).

Associations & Memberships

  • The Ad Club

Publications & Events

  • “Responding to Trolls,”18th Annual Symposium on IP Law & Policy, Center for Intellectual Property Law & Technology at the University of Akron School of Law
  • “Are Mass Copyright Suits Ethical, Effective Deterrents, or a Successful Business Model?,” Entertainment & Technology Law Conference
  • “Creative Lawyering or Copyright ‘Trolling?,’” The Copyright Society of the USA

Areas Of Practice


Bar Admissions

  • Massachusetts
  • U.S. District Court for the District of Massachusetts
  • First Circuit Court of Appeals
  • Sixth Circuit Court of Appeals
  • Seventh Circuit Court of Appeals

Education

  • Suffolk University Law School, J.D.
  • University of Massachusetts Amherst, B.A.

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