Kyle Gooch

Kyle D. Gooch

Associate
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

  • In re Avon Anti-Aging Skincare Creams & Prods. Mktg. & Sales Practices Litig., 2015 WL 5730022 (S.D.N.Y. Sept. 30, 2015). Defeated certification of nationwide consumer fraud class action alleging failure of Avon skincare cosmetics products failure to perform as promised.
  • Alcon Laboratories in National Advertising Division proceeding concerning advertisement of private label contact lens solutions.
  • 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).
  • 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).
  • 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’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).
  • Novartis Consumer Health in a putative consumer fraud class action involving the labeling of an over-the-counter drug product.
  • Novartis in false patent marking litigation.

Credentials

Education
  • JD, Georgetown University Law Center, 2009
  • BA, Political Science, University of Michigan, 2005
Admissions
  • US District Courts for the Southern and Eastern Districts 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
Overview

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