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K&L Gates Advises ZipBy and TMA in Trade Secret and Trademark Trial Win

29 January 2024

Global law firm K&L Gates represented parking technology provider ZipBy USA LLC and its corporate parent, Australia-based TMA Group, in a trade secrets, trademark, and breach-of-contract suit against ZipBy’s former chief US executive. Following four years of pretrial proceedings, and trial in December, a jury in the US District Court for the District of Massachusetts awarded ZipBy and TMA $1.5 million in compensatory damages and $1 million in exemplary damages.

The jury’s verdict also sided with ZipBy and TMA on all claims (trade secret violations, breach of a non-disclosure agreement, trademark infringement, and breach of fiduciary duty), following up the court’s previous decisions granting a temporary restraining order and a preliminary injunction against the former executive. The court granted ZipBy summary judgment on two of ZipBy’s claims (breach of a non-compete agreement and trespassing) and dismissed all of the executive’s counterclaims prior to the jury’s recent verdict. 

The K&L Gates team that represented ZipBy and TMA from filing through trial was led by Boston partner John Cotter with assistance from associate Josh Andrews.

K&L Gates’ IP practice boasts more than 250 lawyers and professionals – including more than 100 registered patent lawyers, agents, and technology specialists with technical or advanced science degrees, nearly 30 with doctorates – who devote their practices to helping clients establish, enforce, and leverage their intellectual property rights worldwide.

K&L Gates is a fully integrated global law firm with lawyers located across five continents. The firm represents leading multinational corporations, growth and middle-market companies, capital markets participants and entrepreneurs in every major industry group as well as public sector entities, educational institutions, philanthropic organizations and individuals.

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