Kyle Gooch is an Associate in the Litigation Department of Kaye Scholer’s New York office. His practice focuses on trademark, false advertising, consumer fraud and other complex commercial litigation. Kyle has experience in all aspects of litigation, including case assessment, motion practice, supervising e-discovery, written discovery, depositions, trial practice and appellate practice.
Kyle received a BA in Political Science from the University of Michigan and received his JD from Georgetown University Law Center.
- Defeated certification of nationwide consumer fraud class action alleging failure of Avon skincare cosmetics products failure to perform as promised. See In re Avon Anti-Aging Skincare Creams & Prods. Mktg. & Sales Practices Litig., 2015 WL 5730022 (S.D.N.Y. Sept. 30, 2015).
- Represented Alcon Laboratories in National Advertising Division proceeding concerning advertisement of private label contact lens solutions.
- Represented Lutron Electronics in connection with false advertising claim concerning “Made in the U.S.A.” statements by competitor.
- Second-chaired a jury trial in a fraud and breach of contract case in which we won a $1.8 million verdict. Previously won affirmance of order denying opposing party’s summary judgment motion. See Zekry v. Zekry, 105 A.D.3d 576 (1st Dep’t 2013).
- Represented an investor in a successful appeal from the dismissal of his securities claims against company’s former outside directors. See Hildes v. Arthur Andersen LLP, 734 F.3d 854 (9th Cir. 2013), cert. denied, 135 S. Ct. 46 (2014).
- Represented 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.
- Represented 4Kids Entertainment, Inc. 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’s license was wrongfully terminated by its licensors. See 4Kids Entertainment, Inc. v. Asatsu–DK, Inc., 463 B.R. 610 (S.D.N.Y. 2011).
- Assisted in successful representation of Novartis Consumer Health, Inc. in a putative consumer fraud class action involving the labeling of an over-the-counter drug product.
- Assisted in representation of Novartis in false patent marking litigation.
In the Market
- Kaye Scholer Secures Victory for Avon in Consumer Class Action Case October 5, 2015
- Trademark, Copyright & False Advertising Newsletter | Spring 2015 Spring 2015
- Trademark Alert: Supreme Court Ruling on Potential Preclusive Effect of TTAB Decisions Raises Numerous Legal and Practical Questions March 25, 2015