Jared Kagan

Jared Kagan is a counsel in the firm’s Intellectual Property group. His practice includes litigation and counselling on trademark, false advertising, copyright, and defamation matters, and has litigated cases in both state and federal court, before the Trademark Trial and Appeal Board and before the National Advertising Division of the Better Business Bureau. The Legal 500 US (2022) recognizes Mr. Kagan for his trademark litigation work, describing him as “outstanding.” The World Trademark Review 1000 (2023) ranks him in the bronze band noting Mr. Kagan’s “excellent legal abilities and knack for market surveys and experts”.

Mr. Kagan’s recent representations have included a victory before the U.S. Supreme Court in USPTO v. Booking.com B.V., the first ever case argued by telephone in the Supreme Court. In an 8-1 decision, the Court held that Booking.com B.V.’s eponymous domain name is not generic and could register as a trademark. Mr. Kagan also represented Costco in a 3-0 win before the Second Circuit, which overturned a summary judgment decision that Costco counterfeited and willfully infringed Tiffany & Company’s TIFFANY trademark. The Second Circuit also vacated the trial damages award of over $25 million. Other recent representations have included defeating a motion for a preliminary injunction on behalf of Bank of America concerning its virtual financial assistant Erica and subsequently securing summary judgment for Bank of America, reducing a $5.6 million jury verdict against New York & Co. by nearly 70 percent, and on behalf of WeWork halting a competing coworking company from opening under the confusingly similar WE+ mark.