Susan M. Kayser

Represented a leading, global specialty retailer in bringing trademark infringement lawsuit against two global clothing brands relating to their use of a Moose design on clothing.  Able to leverage global enforcement actions in the U.S., Canada, UK, and EU, resulting in favorable resolution for our client.

Represented a sugar-free breakfast and snack foods manufacturer in trademark infringement and unfair competition litigation against a competing food manufacturer, resulting in favorable settlement prior to defendant’s answer deadline.

Represented a children's organic snack manufacturer in successfully obtaining a very favorable decision before the National Advertising Division.

Defended Onia, WeWoreWhat, Danielle Bernstein, Saks 5th Avenue, BOP, and Carbon 38, against trademark and copyright infringement allegations brought by a fashion brand relating to alleged copying of designs used on clothing and other items.  After well over a year of contentious litigation, all claims were dismissed with prejudice.

Defended Victoria’s Secret against fitness company’s claims of trademark infringement, unfair competition/passing off, and related state law claims relating to Victoria’s Secret’s use of the words “SWEAT” and “SWEAT ON POINT” in marketing.  All claims were dismissed with prejudice.

Represented National Space Society in defending against photographer’s claims of copyright infringement relating to use of a photograph on social media. All claims were dismissed with prejudice.

Represented grocery chain Mexico Foods, LLC d/b/a El Rancho in its declaratory judgment lawsuit for non-infringement of competitor’s design trademark and trade dress. After El Rancho filed a Motion for Judgment on the Pleadings requesting the court to enter judgment in El Rancho’s favor based on the facts in the Complaint and that a mere “eyeball” tests shows the trademarks are not confusingly similar. The case was successfully resolved in mediation and all claims were dismissed with prejudice.

Represented Abercrombie & Fitch Co. in defending a lawsuit brought by pro se plaintiff that named over 25 retail manufacturing defendants, in which plaintiff alleged trademark rights in the terms LOWER EAST SIDE and LES NYC. The case against Abercrombie & Fitch resolved successfully in its favor.

IP counsel to international corporation on its acquisitions of clothing and accessories brands, including acquisition of all trademarks, copyrights, and domain names, and related license arrangements.

As lead trademark counsel for six luxury brand plaintiffs, Chloe, Cartier, Montblanc, Alfred Dunhill, Lange & Sohne, and Panerai, secured summary judgment on contributory trademark infringement and counterfeiting claims against large B2B website, and obtained multiple favorable pre-trial rulings, including highly contested jurisdictional claims over website owner and operator located outside the U.S., and dismissal of all of defendants' counterclaims including wrongful seizure and violation of the Stored Communications Act and the Computer Fraud and Abuse Act. 

Advised a major Japanese trading company, and its affiliate, in the establishment of a groundbreaking, cross-border e-commerce platform with one of China's largest state-owned enterprises and its affiliate.

On behalf of the Kipling, Timberland, and Nautica brands, obtained a $31 million damages award, permanent injunction, and transfer of multiple domain names in an action to combat the unauthorized and counterfeit uses of the three plaintiffs' famous trademarks in multiple domain names and copycat websites.

On behalf of multi-national consumer goods corporation, the Procter & Gamble Co., secured a consent judgment and permanent injunction against a private-label manufacturer infringing the trade dress packaging and trademarks of a successful teeth whitening line of products.

On behalf of the Kipling brand, secured TRO and preliminary injunction against multiple manufacturers and sellers infringing the trade dress of Kipling handbags and travel bags.