Michael A. Kahn
Senior Counsel
P: 314.505.5406
F: 314.505.5407
E: kahn@capessokol.com
HIGHLIGHT
Mike has been counsel of record for the NBA, Oprah Winfrey, Lions Gate Entertainment, McFarlane Toys, The New York Yankees, Paramount Pictures, and The Topps Company in various IP disputes.
HIGHLIGHT
A staunch advocate of creators' rights, Mike is an award-winning author of eleven Rachel Gold novels, three standalone novels, and several short stories.
Experience at Work
Mike concentrates his practice in copyright, trademark, First Amendment and media law, including libel and privacy rights. He is a widely recognized trial lawyer in the area of general commercial litigation, and regularly advises clients on a range of intellectual property matters.
A veteran of numerous jury trials, Mike has handled lawsuits and arbitrations in various venues across the nation. He has served as a court-appointed mediator in a variety of intellectual property lawsuits, including copyright, trademark, patent and libel cases.
In the Community
In addition to his active practice, Mike served for two decades as an adjunct professor at Washington University School of Law, where he taught upper level courses on Entertainment Law and on Censorship and Free Expression.
Mike serves on the Board of Advisers of the Gateway Journalism Review and is active in the Volunteer Lawyers and Accountants for the Arts.
Awards & Recognitions
Awards
- The Best Lawyers in America® | Lawyer of the Year: Media Law, St. Louis (2025)
- Missouri Lawyers Media, The POWER List: Sports & Entertainment Law (2023)
- St. Louis Small Business Monthly, Best IP Attorney (2021 & 2022)
- Missouri Lawyers Weekly, Legal Champion (2020)
- St. Louis Small Business Monthly, Best Patent Attorney (2018)
- The Best Lawyers in America® | Lawyer of the Year: Copyright Law, St. Louis (2012, 2014, 2018, & 2020)
- The Best Lawyers in America® | Lawyer of the Year: Litigation – First Amendment, St. Louis (2015)
- The Best Lawyers in America® | Lawyer of the Year: Litigation – Intellectual Property, St. Louis (2013)
- The Best Lawyers in America® | Copyright Law; Entertainment Law – Motion Pictures and Television; Entertainment Law – Music; First Amendment Law; Litigation – First Amendment; Litigation – Intellectual Property; and Media Law, St. Louis (2009 – Present)
- Super Lawyers® | Missouri and Kansas Super Lawyers List, Super Lawyer (2005 – Present)
- St. Louis Book Award
Recognitions
- American Bar Foundation, Fellow
Memberships & Associations
Professional Organizations
- American Bar Association
- Missouri Bar
- Illinois Bar Association
- The Authors Guild
- Mystery Writers of America
- Bar Association of Metropolitan St. Louis
- The Copyright Society of the USA
Education
Educational Background
- J.D., Harvard University, cum laude (1979)
- M.A., Northwestern University (1975)
- B.A., Amherst College, magna cum laude (1974)
Significant Experience
Representations
- The Mike Tyson tattoo artist in his copyright infringement lawsuit over the use of his facial tattoo artwork on another character in the motion picture The Hangover Part II. [Whitmill v. Warner Bros. Entertainment, Inc., Civil Action No. 4:11-cv-752 (E.D. Mo.)]
- Successfully represented various firms (including professional sports teams, radio and TV stations, and newspapers) and individuals (including authors, artists and professional athletes) in connection with copyright, trademark, First Amendment and general commercial litigation.
- Has been counsel of record for the National Basketball Association, Oprah Winfrey, Lions Gate Entertainment, Mark McGwire, McFarlane Toys, Radio One, Emmis Communications, the St. Louis Business Journal, Eveready Battery Company, The New York Yankees, Paramount Pictures, and The Topps Company in various disputes.
- Has negotiated intellectual property licenses with professional sports leagues, publishers, musicians, and others.
- Oversees the intellectual property portion of the due diligence process in mergers, acquisitions, and joint venture deals for the firm’s clients.
- Awarded for services as special counsel to the Examiner in a major bankruptcy proceeding in St. Louis, the only bonus ever given by a bankruptcy court to an examiner’s counsel.
Knowledge & Insights
Speaking Engagements
- The Legal Side of Writing and Publishing. Business Edge Workshop. Volunteer Attorneys and Accountants for the Art. St. Louis, MO. (2022)
- Rebranding Trademarks: Challenges of Walking Away and Choosing a New Mark. Strafford Publication. Webinar. (2021)
- Copyright Myth Busters. Business Edge Workshop. Volunteer Attorneys and Accountants for the Art. St. Louis, MO. (2019)
- Lawsuits of the Rich and Famous: The Hazards of Celebrity Promotions. Bar Association of Metropolitan St. Louis. St. Louis, MO. (2013)
- ABCs of Intellectual Property. St. Louis County Law Library. St. Louis, MO. (2013)
- New Wine in Old Bottles: Fair Use in an Era of New Use. The Missouri Bar. (2007)
- Weird Issues in Copyright Law. Bar Association of Metropolitan St. Louis. St. Louis, MO. (2007)
Publications
- Quoted, “Exclusive: St. Louis Judge rules against The Gateway Pundit, clearing way for jury trial,” Gateway Journalism Review. (2023)
- “Scary New World.” The Best Lawyers in America® Business Edition. (2017)
- “Worse Law School Advice Ever.” Washington University Journal of Law & Policy. Vol. 53 (147). (2017)
- “From Shylock to Billy Budd: The Literary Headline Trial.” St. Louis University Law Journal. Vol. 54(4). (2011)
- “Bulls in the China Shop.” Belles Lettres: A Literary Review. Vol. V(2). (2004)
- “The Missouri Franchise Act: Much Ado About Nothing.” St. Louis Bar Journal. (1991)
Firm Insights
- A Trademark for Trump’s Private Part? The Gift that Goes on Giving
- Artificial “Intelligence”? A Cautionary Tale Starring the ChatBot Associate from Hell
- A Truly Kinky Salute to the 2023 Public Domain Day
- Is Donald Trump’s You-Know-What Too Tiny to Trademark? Trumped Again in a “Small” 1st Amendment Triumph
- How’s My Post? Dial 1-800-EYE-ROLL: Life in a Fuct Trademark Universe
- A Copyright Riddle: When Is Copying Not an Infringement?
- Winnie-the-Pooh and Hemingway Too: Happy Public Domain Day
- Trademarks, Pelotons, and Heart Attacks: The Sex in the City Trifecta
- Tonto, Chief Noc-A-Homa, and Oblivious Bias: Is There a Vaccine for That?
- Who’s a Trademark Knucklehead Now? From Covfefe to COVID-19 to Aunt Jemima
- From COVFEFE to COVID: The Knucklehead Trademark Saga Continues
- A Warning to Real Estate Developers: Beware of Graffiti Artists
- Are We Fuct? The Supreme Court to Answer this Trademark Question
- Now We All Can Take That Road Not Taken: The Copyright Freeze Has Melted!
- Beers, Brands, and Brawls—When a Name is More than Just a Name
- Make America Naughty Again: The Risk of Risqué Trademarks
- Trademark Tales: Covfefe® Really?
- Land of the Lost Trade Secrets: A Cautionary Tale
- Marx Bros. v. Warner Bros. – An Amusing Lesson in the Dangers of Trademark Bullying
- Donald Trump v. Mick and Keith: You Can’t Always Play What You Want
- HUSH! Can You Keep a “Trade” Secret?
- Is Your Brand Naughty or Nice? The New Santa at the Trademark Office
Admissions & Qualifications
Bar & Court Admissions
- Missouri
- Illinois
- U.S Supreme Court
- U.S. Court of Appeals
- Seventh Circuit
- Eighth Circuit
- Ninth Circuit
- U.S. District Courts
- Eastern District of Missouri
- Northern District of Illinois
- Central District of Illinois
- Southern District of Illinois
Leadership & Community Engagement
Current Leadership Positions
- Gateway Journalism Review | Board of Advisers
Michael A. Kahn’s Insights
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