Susan Kayser is a nationally recognized IP litigator and counselor, having been named an “All Star” by Managing Intellectual Property
; an “IP Trailblazer” by the National Law Journal
; and consistently recognized by The Legal 500
US and the World Trademark Review
as a leading trademark practitioner (both litigation and non-contentious). She services clients in the fashion, luxury, consumer products, food, and automotive industries on trademark, advertising, and copyright matters.
- “Since moving from Jones Day to K&L Gates in the spring of 2018, Susan Kayser has settled in well. The nationally reputed litigator and counsellor has a lot going on but never drops the ball. Recently, she successfully represented Procter & Gamble in defending the exclusivity of billion-dollar brand GILLETTE. She also continues to serve as primary US trademark and copyright counsel for Abercrombie & Fitch.” World Trademark Review 1000 (2020).“She wields a thorough command of the law and relevant procedural rules. Her calm and rational approach has resulted in favourable settlements with difficult parties without the need for the nasty hysterics so often favoured by other counsel.” World Trademark Review 1000 (2018).
- “…ample experience in the courtroom…” securing permanent injunctive relief and millions in damages. WTR 1000 (2017).
- “fantastic disputes specialist…whose work on a variety of high-profile contentious briefs has left a string of clients ‘thrilled’” WTR 1000 (2015).
- “shrewd interlocutory tactics” and “tactical trial lawyering skills.” The Legal 500 US (2010).
- “…‘amazing support’ in relation to portfolio management” The Legal 500 US (2007).
- “a solid litigator with broad-based knowledge of trademark law” WTR 1000 (2011).
- “responsive and thorough” WTR 1000 (2013).
- “outstanding” and “a true delight to work with” WTR 1000 (2014).
Ms. Kayser has significant experience in obtaining (and defeating) TROs and preliminary injunctions, including those involving contributory infringement and counterfeiting, and ex parte seizures. She handles all aspects of USPTO practice, has won numerous oppositions before the TTAB, and obtained fame decisions, including from the National Arbitration Forum. Activities
Ms. Kayser also provides clients with results-oriented counseling, manages multibillion dollar worldwide trademark portfolios and worldwide clearance projects, serves as lead negotiator for multi-jurisdictional disputes, and leads IP due diligence teams for brand acquisitions.
Ms. Kayser litigates and defends competitor false advertising claims under the Lanham Act. She also counsels clients on compliance with Section 5 of the Federal Trade Commission Act, including testimonials, endorsements, and online advertising, marketing, and social media issues; efficacy claims for sport and health products; and “Made in the USA” claims. She clears advertising and marketing campaigns, including advising on related trademark, copyright, and right of publicity issues. She conducts training for companies on compliance with U.S. advertising laws.
Ms. Kayser represents clients in copyright litigation and counsels on protection and enforcement of original works, including fabric designs, labels, art (paintings and sculptures), photographs, and architectural designs. She also represents clients on moral rights under the Visual Artists Rights Act (VARA).
Ms. Kayser served on the editorial board of Trademarks & Brands Online
. She was also a member of the International Trademark Association North American Global Advisory Council and former chair of the Subcommittee on Trademark Policy and Advocacy for the Enforcement Committee. She is coauthor of the chapter “Copyright Damages” for the treatise Calculating and Proving Damages
(Law Journal Press). She has also been on the forefront of online contributory infringement and counterfeiting, and is frequently quoted and cited on the subject. Ms. Kayser is a former adjunct professor of Trademarks and Unfair Competition at Columbus School of Law, Washington, D.C.