Jeffrey H. Kass

Member

A trial lawyer first and foremost, Jeffrey Kass focuses his practice on providing clients with intellectual property, commercial litigation, and business counsel. His work includes trademark, patent, false advertising, trade secrets, and copyright litigation, as well as handling technology law, business, real estate, and commercial disputes. He has significant experience in vehicle service contracts, organic and natural products, advertising, apparel, luggage, and consumer electronics.

Jeffrey has handled preliminary injunctions and temporary restraining orders, and jury and non-jury trials in federal and state courts, and disputes before the U.S. Patent & Trademark Office and ICANN. He has secured multiple intellectual property victories in federal court. The National Law Journal named Jeffrey one of the top 50 trailblazing IP trial lawyers in the country.

Also named one of the Top 10 lawyers for entrepreneurs by Small Business Monthly, Jeffrey advises companies on various business planning issues and is general counsel to numerous startup and emerging companies across the country.

Jeffrey has authored numerous articles and given many presentations to businesses and lawyers on a wide range of intellectual property and business-related topics. He’s also a nationally recognized award-winning writer on racism and diversity.

Jeffrey is located in Denver, Colorado.

Education & Credentials

Education

The Ohio State University

B.A.

Sphinx Senior Honor Society
President’s Leadership Citation
Homecoming Court

University of Toledo College of Law

J.D.

Cum Laude
Law Review, Notes, and Comment Editor
Dean’s Scholar
Student Bar Association Scholar

Bar Admission

Colorado
Illinois
Missouri

Acknowledgements

Named a top 50 writer on racism, diversity, education and parenting on Medium.com
Illinois Super Lawyer, 2017-2018
National Law Journal, Intellectual Property Trailblazer (Top 50 Trial Lawyers), 2016
Missouri & Kansas Super Lawyers, 2012-2014, 2016
Top Ten Lawyers for Entrepreneurs, Small Business Monthly, 2009
Pushcart Prize literary award nominee

Prominent Assignments

Represented four Black honors students in a pro bono trademark matter against Denver Public Schools regarding the students’ social justice podcast.
Represented vehicle service contract provider in false advertising case resulting in complete dismissal of claims brought by a state attorney general.
Represented a plaintiff seller of hemp oils in a trademark infringement case which resulted in the defendant ceasing use of the mark and paying damages.
Represented a major administrator of vehicle service contracts as a defendant in a false advertising case. The damages sought were $28,000,000. The case was settled for $90,000.
Represented one of the largest retailers in the U.S. in a patent infringement case involving computer equipment. Obtained summary judgment of non-infringement for the client.
Represented U2logic in copyright litigation over software code. Successfully tried case to a jury and obtained a favorable verdict for U2logic.
Represented multiple companies in cases involving keyword advertising and trademark infringement that resulted in cessation of keyword advertising campaigns.
Represented Primal Wear in copyright litigation over its cycling jersey designs. The case settled favorably for the client.
Represented major computer company in patent litigation involving cases for computer tablets. After Markman briefing, case settled for less than one percent sought by plaintiff.
Represented bebe, inc. as second chair trial attorney in lawsuit filed against The May Company over the use of the mark “be” in connection with women’s clothing. After a bench trial on whether to issue an injunction, the court entered an order requiring defendant to cease all use of the infringing mark. This was a high-profile case in the apparel industry.
Represented Fuse Advertising as first chair trial attorney in a trademark lawsuit filed by the owner of the federally registered mark “Fuse,” which the client had used in connection with advertising services. Despite identical marks in the same industry, the court refused to order Fuse to cease using the same mark.

Professional Involvement

Defense Research Institute (DRI)
Bar Association of Metropolitan St. Louis
American Bar Association

Community Involvement

Urban Leadership Foundation of Colorado, Director of Finance, 2018 – Present
Denver Delta, Inc. (formed by Delta Sigma Theta sorority), Vice President, 2019 –Present
Jewish Community Relations Council of Colorado, Community Outreach, 2019 – Present

Court Admissions

U.S. District Court, Eastern District of Missouri
U.S. District Court, Western District of Missouri
U.S. District Court, Southern District of Illinois
U.S. District Court, Central District of Illinois
U.S. District Court, Northern District of Illinois
U.S. District Court, Colorado
U.S. District Court, Eastern District of Texas
U.S. District Court, Western District of Texas
U.S. Tax Court
8th Circuit Court of Appeals
7th Circuit Court of Appeals
11th Circuit Court of Appeals

Publications/Presentations

Publications

Co-Editor and Author of Missouri Chapter, “Trade Secrets 50 State Survey,” DRI 2010
Author, “Implications of Keyword Advertising,” For the Defense, August 2010.
Chapter Author, “Trade Secrets and Agreements Not to Compete, A State-by-State Compendium,” DRI, 2009.
Co-Author, “Revisiting Defense of Trademark Infringement Claims –Recent Case Law Update,” The Business Suit, May 2009.

Presentations

Featured, "Keyword Bidding on Search Engines," Dickinson Wright Minutes on the Matter, September 2023
Presenter, “IP Protection Issues in the World of AI,” CiviCO Colorado Leadership Foundation, August 2023
Guest lecturer on Intellectual Property Issues for Entrepreneurs, Washington University, UCLA, CU-Denver, Metro State University Denver, and The Ohio State University, 2008 – Present.
Intellectual Property Issues for Entrepreneurs, The Commons on Champa, Campus for Entrepreneurship, May 2016.
Trademark Litigation Bootcamp, DRI, 2016.
How Do I Choose a Brand Name, Startup Denver, 2012.