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.
- 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.
- JD, Georgetown University Law Center, 2009
- BA, Political Science, University of Michigan, 2005
- 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
- Member, New York City Bar Association