Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
 

Background

Kristen McCallion is a Principal in the New York office of Fish & Richardson and Chair of the firm’s Copyright Group. Ms. McCallion represents businesses in the consumer products, Internet, media, and interactive entertainment industries in copyright, trademark,  trade dress, and unfair competition litigation in federal district courts, appellate courts and state courts.

She advises clients on proper trademark adoption and use to increase brand awareness and maximize the value of trademark portfolios. With her clients, she develops both domestic and foreign trademark filing programs, thereby securing registration protection on a global scale, fortifying brand strength and reducing costs associated with foreign trademark disputes. Ms. McCallion also represents trademark owners in trademark opposition and cancellation proceedings in the U.S. Trademark Trial and Appeal Board.

Ms. McCallion also regularly counsels clients on a broad spectrum of copyright matters, including infringement, registration, and fair use issues.  Working in collaboration with her clients, she implements filing strategies to develop comprehensive copyright registration portfolios.  Ms. McCallion applies her highly specialized knowledge of copyright registration practices and procedures to formulate defensive strategies in copyright disputes and litigation.  She also actively enforces her clients’ copyrights against infringers.

Prior to law school, Ms. McCallion served as a media, public relations, and corporate communications executive in the entertainment industry.

Education

J.D., University of Miami School of Law 2005
Staff Editor, Inter-American Law Review
cum laude


B.A., Tulane University 1996
English, Art History

Admissions

  • New York 2006
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Memberships & Affiliations

​Member: Copyright Society of U.S.A., New York Chapter

Member: New York Intellectual Property Law Association

Member: IPO Copyright Law & Practice Committee (2010-present)

Member: American Intellectual Property Law Association (AIPLA) Copyright Law Committee (2012-present)

Member: International Association for the Protection of Intellectual Property (AIPPI)

Member: International Trademark Association (INTA), Saul Lefkowitz Committee (2013-present)

Other Distinctions

Awards

Recommended by The Legal 500 for Trademark and Copyright work and advising “various clients on the protection of copyright works and infringement matters.”(2015).

Named to Profiles in Diversity Journal‘s "Women Worth Watching" list (2015).

Named "Empire State Counsel" by the New York State Bar Association for providing over 50 pro bono hours (2013).

Selected by Super Lawyers New York (2013-2015).

Featured in The New York Times Magazine, Top Women Attorneys in Metro New York (2014).

Selected as an "IP Star" by Managing Intellectual Property (2013- 2016) and an "IP Star" by Top 250 Women in IP (2013).

Selected by Super Lawyers New York as a Rising Star (2011, 2012).

Recommended for "Intellectual Property – Copyright" in Legal 500 United States (2011-2013).

Publications and Presentations

"Dancing Baby May Be Headed To Supreme Court​," Trademark & Copyright Thoughts Blog (August 19, 2016).

International Contributor, chapter 25 "The Impact of Freedom of Expression on Dilution Enforcement in the United States" of “International Trademark Dilution”​ (2016)​.

Quoted in, "Is HBO Censoring the ‘Game of Thrones’ Spoiler?Corporate Counsel​ (May 10, 2016).

"Thwart Counterfeiters to Save Brands: Vigilance is the best defense against copycats online and on the ground" Fish News Article (March 8, 2016).​

"Feeling the Burn​," Intellectual Property Magazine (December 8, 2015).

"Copyright Infringement and Fair Use: Latest Developments," Fish webinar (March 31, 2015).

"IP by Design: Protecting Unique Products Using Trade Dress, Patent, and Copyright Law," Fish webinar (June 4, 2014).

"Supreme Court to decide if trademark "tacking" is properly determined by judge or jury," Fish Litigation Blog, (June 24, 2014).

"Hard Issues in Soft IP – A Year in Review," NYIPLA 2014 Annual Meeting, CLE Workshop (May 20, 2014).

"Exclusive Rights and Infringement," 18th Annual BCLT/BTLJ Symposium: The Next Great Copyright Act (April 3, 2014).

"Protect a Distinctive Website With Trade Dress Law," Law360, March 31, 2014.

Quoted in, "A Setback for Redskin Potatoes Won’t Hurt the Washington Redskins," TIME.com (March 21, 2014).

"Supreme Court Decide Whether FDA Food Beverage Labeling Rules Preempt False Advertising Claims," Fish Litigation Blog (January 2014).

"Federal District Court of New York Holds Google Books Project Is Fair Use," Fish Litigation Blog (November 2013).

"Social Media and Intellectual Property. Should you be Doing More?" ALM 6th Annual IP Trademark, Copyright & Licensing Counsel Forum (October 22, 2013).

"Supreme Court grants Certiorari in copyright case Petrella v. Metro-Goldwyn-Mayer, Inc.," Fish Litigation Blog (October 2013).

"Numerical Valuations: Copyrightable Expression Versus Discovered Fact," New York Law Journal (June 2013).

Interviewed and quoted in, "Court rules resale of digital files violates copyright law," e-commerce law & policy (April 2013).

"Yoga, exercise or dance?" Intellectual Property Magazine (March 2013).

"Fear the crowd – pitfalls of crowdsourcing for innovators," Intellectual Property Magazine (November 2012).

"‘Technological gimmickry’ or a novel non-infringing use?", Intellectual Property Magazine (June 2012).

"Inspiration or Infringement?", Intellectual Property Magazine (November 2011).

"What Your Business Needs to Know About Copyright: Navigating the DMCA Safe Harbor and Notice and Takedown Provisions," Fish & Richardson Webinar (June 15, 2011).

"What Your Business Needs to Know About Copyright: Registration – Why You Need to Get It Right," Fish & Richardson Webinar (April 6, 2011).

"Are there property rights in US time-sensitive information?" with John B. Pegram, E-commerce Law & Policy (June 2010).

"Copyrights Are Your Business: What Your Company Needs to Know," Fish & Richardson Web Seminar, September 10, 2008.

"This Season’s Must Have IP Rights," with Peter Fields, Managing Intellectual Property (December 2007/January 2008).

"War for Sale! Battlefield Contractors in Latin America & the ‘Corporatization’ of America’s War on Drugs," 36 U. Miami Inter-Am. L. Rev. 317 (2005).

Experience

view all

What's trending with Kristen

Filter by
Fish Trademark & Copyright Thoughts Blog
August 19, 2016
Dancing Baby May Be Headed To Supreme Court
Dancing Baby May Be Headed To Supreme Court
Authors: Irina Lyapis, Kristen McCallion
Blog
News
May 13, 2016
Fish's Kristen McCallion Quoted in Corporate Counsel Article, "Is HBO Censoring the 'Game of Thrones' Spoiler?"
Media Coverage
Fish Trademark & Copyright Thoughts Blog
March 31, 2016
Ninth Circuit Issues Amended Opinion in “Dancing Baby” DMCA Notice-and-Takedown Case
Ninth Circuit Issues Amended Opinion in “Dancing Baby” DMCA Notice-and-Takedown Case
Authors: Vivian Cheng, Kristen McCallion
Blog
Fish Trademark & Copyright Thoughts Blog
March 17, 2016
Thwart Counterfeiters to Save Brands | A Metropolitan Corporate Counsel Interview
Thwart Counterfeiters to Save Brands | A Metropolitan Corporate Counsel Interview
Authors: Kristen McCallion, Natalie L. Arbaugh
Blog
News
March 8, 2016
Thwart Counterfeiters to Save Brands: Vigilance is the best defense against copycats online and on the ground
Articles
News
June 29, 2016
Fish Receives Top Tier 1 National Rankings in Patent Prosecution and Patent Litigation from The Legal 500
Press Releases
News
June 2, 2016
Fish & Richardson Announces 37 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
Press Releases
News
February 17, 2016
Feeling The Burn
Articles
Fish Trademark & Copyright Thoughts Blog
December 28, 2015
Disparaging Trademarks Afforded First Amendment Protection
Authors: Mannu Harnal, Kristen McCallion
Blog
Fish Trademark & Copyright Thoughts Blog
October 29, 2015
DMCA Exceptions Announced By Librarian of Congress
DMCA Exceptions Announced By Librarian of Congress
Author: Kristen McCallion
News
October 22, 2015
Strengthening Trademark Protection Through Copyright 2016/2017: A Global Guide
Article
Fish Trademark & Copyright Thoughts Blog
October 19, 2015
Second Circuit Holds That Google Book-Scanning Project Is Fair Use
Second Circuit: Google Book-Scanning Project Fair Use
Author: Kristen McCallion
load more topics