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 (2023), which has described him as “outstanding,” recognizes Mr. Kagan for his trademark litigation work and names him as a “Rising Star” for advertising litigation. He is also ranked as an “Up and Coming” attorney in Chambers USA (2023). 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.
Mr. Kagan was a member of the Trademarks and Unfair Competition Committee of the New York City Bar Association from 2012 to 2019. He currently is the co-chair of that committee, and also is a member of the Sports Law Committee. Mr. Kagan has co-authored Supreme Court amicus briefs on behalf of the International Trademark Association in Mission Product Holdings v. Tempnology LLC and VIP Products v. Jack Daniel’s Properties, Inc. Mr. Kagan has been recognized by clients for his “wise counsel and guidance” on trademark issues and for being “unflappable” in court, and has been rated as a 2020 “Rising Star” by Managing Intellectual Property IP Stars.
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 and 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. 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 U.S. Supreme Court, the Court of Appeals for the Second, Third, and Tenth Circuits, and the Southern and Eastern Districts of New York.