David A. Kluft

Partner, Co-Chair, Advertising & Marketing Practice - Boston

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Dave Kluft combines zealous advocacy with a thoughtful and creative approach to litigation. He is a partner in Foley Hoag LLP’s Intellectual Property department and a member of the Trademark, Copyright and Unfair Competition group; the Business and Commercial Disputes group and the Advertising and Marketing group. Among Dave’s clients are companies and individuals in the fields of pharmaceutical products, health care, computer software, entertainment, automotive, consumer products, financial services and education. Dave has significant experience representing and counseling clients with respect to:

  • Copyright
  • Trademark
  • False advertising and unfair competition
  • Contract and commercial disputes
  • Speech, defamation and social media
  • Right of publicity and privacy
  • Investigations by the Federal Trade Commission
  • State Attorney General investigations for unfair and deceptive acts
  • Professional liability disputes
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  • Boston University School of Law, J.D., magna cum laude, 2003
  • Temple University, M.F.A. (Film and Media Arts), 1997
  • Brown University, B.A., 1990



Representative Experience

  • Represents food and beverage companies in trademark and false advertising disputes. 
  • Represented a major film studio in defeating copyright infringement claims in federal court.
  • As lead counsel for a veterinary organization, secured trial victory against claims of trademark and copyright infringement.
  • Obtained injunctive relief in federal court for a software developer protecting its trademark.
  • Successfully represented a major automobile company in the U.S. Court of Appeals for the First Circuit in a contract dispute with a dealer.
  • Achieved dismissal of copyright, trademark and right of publicity claims on behalf of an independent film maker.
  • Represented a trust created by a deceased television personality in successfully asserting trademark and right of publicity claims against a home appliance manufacturer.
  • Advised a pharmaceutical company on trademark dilution issues.
  • Drafted the copyright policy of a post-secondary educational institution.
  • Successfully represented an industrial manufacturer in a trade secret misappropriation litigation against a former employee in the Business Litigation Session of the Massachusetts Superior Court.
  • Represented a non-profit organization in its successful defense against allegations of defamation in the Superior Court and assertion of Anti-SLAPP claims.
  • Represented a judge of the Boston Municipal Court in a matter before the Commission on Judicial Conduct, resulting in dismissal of all allegations and the landmark Supreme Judicial Court decision, In the Matter of Enforcement of a Subpoena, 463 Mass. 162 (2012).
  • Has advised companies, individuals and foreign governments on a variety of speech and first amendment issues, including prior restraint under the First Amendment, Anti-SLAPP suits, defamation and product disparagement.
  • Has represented companies in inquiries by the Federal Trade Commission, Securities and Exchange Commission and the Massachusetts and New York Attorney Generals.

Select Trademark and Copyright Law Blog Posts

For more posts, click here 

Foley Hoag Alerts & Updates


  • ABA Blawg100 (Trademark and Copyright Law Blog), 2014 & 2015
  • 2013 President’s Award, Massachusetts Association of Criminal Defense Lawyers
  • 2012 “Social Justice Champion” Award from the Chelsea Collaborative
  • Named by Boston Magazine as a “Rising Star” in the fields of litigation and intellectual property, 2009, 2010, 2011, 2012 & 2013
  • Recognition for Outstanding Contribution to Legal Services for the Poor, Greater Boston Legal Services, 2009, 2010 & 2011
  • Public Interest Leadership Fellow, Boston Bar Association, 2008-2009
  • Boston University Law Review, 2001-2003
  • University Fellowship, Temple University, 1991-1992


  • Board of Directors, Greater Boston Legal Services, 2015-present 
  • Member, Massachusetts Supreme Judicial Court Committee on Professional Responsibility for Clerks of the Court, 2013 - present
  • Board of Editors, Boston Bar Journal, 2009 - present
  • Corporation Member, Greater Boston Legal Services, 2009 - 2015
  • Board Member, Supreme Judicial Court Law Clerks Society, 2011 - present
  • Board Member, Astrea Media, 2003 - present
  • The Copyright Society of the USA, Member
  • Boston Bar Association, Member
  • Massachusetts Bar Association, Member
  • American Bar Association, Member
  • Greater Boston Legal Services, Associates Fund Drive Co-Chair, 2008 - 2011

  • "False Advertising Law for the Generalist In-House Counsel," Foley Hoag Webinar (2017)
  • "Internet Takedowns and Domain Name Disputes for the Generalist In-House Counsel," Foley Hoag Webinar (2017)
  • "Social Media for the Generalist In-House Counsel," Foley Hoag Webinar (2017)
  • Featured on the Bloomberg Baystate Business Hour discussing his article on intellectual property litigation related to the Star Trek franchise.
  • Faculty Member, 19th Annual New England Intellectual Property Conference, Massachusetts Continuing Legal Education (2016)
  • “Edge Cases in Copyright,” Copyright Society of the USA, New England Chapter (2016)
  • Discusses the 'Blurred Lines' Copyright Verdict on Jeff McArthur's Talk Radio AM640 show. Listen to the segment here.
  • Featured on Jeff McArthur's Talk Radio AM640 show discussing the top five Oscar Winning Best-Picture lawsuits based on a blog post from the Trademark & Copyright Law blog. Listen to the segment here.
  • “Emerging Issues in Social Media Liability,” Suffolk University Law School (2014)
  • “The State of Fair use in Academia After the 11th Circuit’s Opinion in the Georgia State Copyright Case,” Boston Bar Association (2014)
  • "Logorama: A Case Study in Trademark and Copyright Fair Use," Boston Bar Association (2012)
  • "Issues in Academic Copyright," Boston Bar Association (2012)
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit
  • U.S. Court of Appeals Second Circuit
  • U.S. Court of Appeals Federal Circuit