Kyle Gooch focuses on trademark, false advertising, consumer fraud, and other complex commercial litigation. Mr. Gooch has experience in all aspects of litigation, including case assessment, motion practice, supervising e-discovery, written discovery, depositions, trial practice, and appellate practice.

Mr. Gooch received a BA in Political Science from the University of Michigan and received his JD from Georgetown University Law Center.

Experience

  • Medical device manufacturer that terminated its exclusive US distributor for breach of contract. Following a one-week trial, the Delaware Court of Chancery held that our client validly terminated the contract, dismissed the distributor's counterclaims, and awarded the client more than $6 million in attorneys' fees and damages.
  • Ad hoc group of term loan lenders holding $1.1 billion in loans in obtaining summary judgment to block the borrower's proposed exchange offer.
  • Avon Products in a nationwide consumer fraud class action alleging failure of Avon skincare cosmetics products failure to perform as promised. The plaintiffs' motion for class certification was denied.
  • Lutron Electronics in connection with a false advertising claim concerning "Made in the USA" statements by competitor.
  • Alcon Laboratories in a false advertising dispute before the National Advertising Division involving labeling of store-brand contact lens solutions.
  • Former shareholder of Harbinger in a successful appeal from the dismissal of his claim under Section 11 of the Securities Act against company's former outside directors.
  • Minority shareholder of a chain of high-end hair salons in New York City asserting claims against the majority shareholder for breach of fiduciary duty, breach of contract, and fraud. Following a two-week jury trial, we obtained a multimillion dollar verdict in favor of the minority shareholder, including a substantial amount in punitive damages.
  • Hershey in numerous trademark litigations and disputes involving infringement of the KISSES, HERSHEY'S, and REESE'S trademarks and related trade dresses. Served on Hershey's trial team in a case alleging dilution and infringement of the KISSES mark in federal court in the District of New Jersey; previously, assisted in obtaining summary judgment dismissing counterclaim that KISSES was generic.
  • 4Kids Entertainment in a case alleging breach of a licensing agreement for the popular Yu-Gi-Oh! children's entertainment property. Participated in expedited discovery and served on trial team in bankruptcy court in the Southern District of New York, resulting in a favorable decision that 4Kids' license was wrongfully terminated by its licensors.
  • Novartis Consumer Health in a putative consumer fraud class action involving the labeling of an over-the-counter drug product.

Perspectives

Supreme Court Declines to Review Fourth Circuit Holding that a Foreign Trademark Owner May Sue for Unfair Competition in the United States
Intellectual Property & Technology Law Journal
Supreme Court Strikes Down 70-Year-Old Statutory Provision Barring the Registration of "Disparaging" Trademarks
Advisory
Supreme Court Lets Stand Court of Appeals Ruling that Owner of a Foreign Trademark May Sue Under the Lanham Act for Conduct in the United States
Advisory
UNITED STATES: Does a PRIMROSE by Any Other Name Smell as Sweet?
INTA Bulletin, Vol. 72, No. 3
Second Circuit Expands Split on Nominative Fair Use
More

Credentials

Education
  • JD, Georgetown University Law Center, 2009
  • BA, Political Science, University of Michigan, 2005
Admissions
  • US District Court, Northern District of New York
  • US District Court, Southern District of New York
  • US District Court, Eastern District of New York
  • US District Court, District of Colorado
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Second Circuit
Activities
  • Member, New York City Bar Association
Overview

Email Disclaimer