Jared l. Kagan is an associate in the firm’s Intellectual Property and Media Group. His practice includes litigation and counseling 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. Since 2012, Mr. Kagan has been a member of the Trademarks and Unfair Competition Committee of the New York City Bar Association. Mr. Kagan co-authors Intellectual Property: Select Developments (2011-2016) and Reporter’s Privilege: Recent Developments (2013-2015) for the Practising Law Institute’s Communications Law program.
Mr. Kagan devotes a significant portion of his time to pro bono representation. In 2012, he co-authored a Supreme Court amicus brief in the companion cases of Jackson v. Hobbs (10-9647) and Miller v. Alabama (10-9646), which argued against sentences of life without parole for juvenile offenders. The same year, Mr. Kagan was recognized by Sanctuary for Families with a Pro Bono Achievement Award.
Mr. Kagan joined the firm in the fall of 2010. He received a J.D. summa cum laude from New York Law School in 2010 where he was a Dean’s Scholar, a John Marshall Harlan Scholar, and served as an articles editor for the New York Law School Law Review. While in law school, Mr. Kagan served as a judicial extern for the Hon. Denny Chin, U.S. District Court for the Southern District of New York. Mr. Kagan is the author of “Bricks, Mortar, and Google: Defining the Relevant Antitrust Market for Internet-Based Companies,” 55 N.Y.L. Sch. L. Rev. 271, (2010). He received a B.S. from Cornell University in 2007.
Mr. Kagan is admitted to the Bar in New York and is admitted to appear in the Southern and Eastern Districts of New York.
- Intellectual Property and Media
- New York & Co. in obtaining reversal of trebled damages following a jury verdict of trademark infringement.
- WeWork, in securing a highly favorable settlement in a multi-jurisdictional trademark dispute with a coworking rival on the eve of a preliminary injunction hearing.
- BodyArmor in false advertising challenges filed by Gatorade before the NAD.
- Case-Mate in trademark claims against Wal-Mart over its sale of Casemate branded school and office supplies.
- Snap Inc. in defense of a trademark infringement lawsuit brought by Snap Interactive, Inc. with respect to Snap, Inc.’s corporate name.
- Take-Two Interactive Software in its response to Karen Gravano, daughter of Sammy the Bull Gravano and formerly featured on the reality show Mob Wives, who contends that the character Antonia Bottino in the video game Grand Theft Auto V infringes her right of publicity.
- Costco Wholesale in the successful Ninth Circuit appeal defending against the claim that Costco’s sale of gray market Seamaster watches infringed Omega’s copyright in a tiny globe design engraving on the back of the watches.
- Prometheus Global Media and its publication, the Hollywood Reporter, in defending a libel action filed in N.Y. Supreme Court by movie financier David Bergstein.
- Unilever in false advertising claims against Just Mayo sandwich spread on the ground that the Just Mayo name is false because the product contains no eggs and therefore is not mayonnaise.
- Moxie Software in a trademark infringement action filed in the Southern District of New York by Zenith Optimedia and its subsidiary Moxie Marketing Services.
- BodyArmor Nutrition, which makes BodyArmor nutritional drinks, in defending against trademark and trade dress infringement claims by the sports apparel company Under Armour.
- General Commercial and White Collar Litigation
- Dennis Kozlowski, former CEO of Tyco, in defending action brought by Tyco seeking forfeiture and clawback of compensation and severance benefits.
- Robert Bruce, a former director and chairman of the audit committee of China North East Petroleum Holdings Limited, in a securities class action lawsuit and derivative lawsuit in which Mr. Bruce has been named as a defendant.
- A hedge fund advisor and its managing member on potential litigation involving the purchase and sale of an ownership interest in the advisor.
- New York Law School, 2010, J.D.
- Cornell University, 2007, B.S.
- New York
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