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.
Full Circle United, LLC v. Skee-Ball, Inc. – Represented Full Circle United, LLC in a trademark dispute involving the term “skee-ball.” The suit involves allegations of trademark infringement against Full Circle by Skee-Ball, Inc. (“SBI”), a manufacturer of skee-ball machines, and the owner of the federal trademark registration of “skee-ball,” which has subsisted since 1929. FCU sought cancellation of the “skee-ball” trademark registration on grounds of and also filed a petition to cancel SBI’s trademark registration in the Trademark Trial and Appeal Board. The case was settled favorably.
Read Fish’s press release here. This case has earned national media coverage, including the New York Post, Corporate Counsel and New York Law Journal. Ms. McCallion was also interviewed by NPR, which can be heard here.
Kenny Kramer et al. v. Skyhorse Publishing, Inc. et al. – Represented Skyhorse Publishing in a defamation suit filed by Kenny Kramer—the real life inspiration for “Cosmo Kramer” on the Seinfeld television show, and owner of Kramer’s Reality Tours, Inc., which operates a bus tour in New York City. Kramer sued Skyhorse Publishing, claiming his reputation was damaged after Skyhorse published a memoir written by a former Seinfeld writer, in which the author recounted his experiences on the Kramer’s Reality Tour bus tour. Fish & Richardson moved to dismiss the case on the ground that defamation had not been pled. In July 2014, the Supreme Court of the State of New York granted Fish’s motion, and dismissed the lawsuit in its entirety.
Luv N’ Care Ltd., et al. v. Regent Baby Products Corp. - Fish represents the defendant, Regent Baby Products, in this trade dress litigation pending in New York in which plaintiffs claimed infringement of more than a dozen different baby feeding products. Fish was successful in dismissing plaintiff’s federal and trademark dilution claims on a 12(b)(6) motion, staying a design patent claim, and negotiating a dismissal with prejudice of all claims against the client concerning nine of the original products at issue. Then, in December 2013, Regent Baby prevailed on its motion for partial summary judgment when the court found that two of the remaining products at issue are generic, “common shapes frequently used in the sippy cup industry” that do not warrant trade dress protection under the Lanham Act. The Court also dismissed Luv N’ Care’s tortious interference claim. Read Fish’s press release here.
Society of the Holy Transfiguration Monastery Inc. v. Archbishop Gregory of Denver, Colorado – Represented The Holy Transfiguration Monastery (“HTM”) located in Brookline, MA, in a copyright infringement suit alleging infringement of HTM’s copyrighted translations of ancient religious Greek texts. Presented oral argument in the U.S. Court of Appeals for the First Circuit before a three-judge panel that include retired U.S. Supreme Court Justice Souter, sitting by designation. The First Circuit affirmed HTM’s prior victories, concluding that the defendant was liable for copyright infringement and reaffirming, in a significant opinion, that translations are copyrightable works and that the art of translation is a creative process that involves artistic choices. This decision earned national media coverage, including the National Law Journal. Read Fish’s press release here.
McLaren v. Chico’s FAS, Inc. – Successfully defended Chico’s in a copyright infringement litigation in the Southern District of New York brought by artist McLaren, who alleged infringement of drawings of mannequins by three-dimensional mannequins displayed by Chico’s retail outlets. Fish successfully dismissed this case with prejudice at the pleading stage, avoiding costly discovery, on the invalidity of plaintiff’s copyright registration—an issue of first impression in New York.
Therapy Products Inc. d/b/a Erchonia Medical v. Bissoon, et al. (Southern District of New York) - Successfully defended four defendants in a trademark infringement, false advertising, and unfair competition litigation involving both federal and New York state law claims in the federal district court of the Southern District of New York, which granted Fish’s motion for summary judgment to all defendants on all claims. In a subsequent decision, the Court ordered plaintiff to pay all defendants their attorney’s fees and costs.
Therapy Products Inc. d/b/a Erchonia Medical v. Bissoon, et al. (Second Circuit Court of Appeals) – Successfully defended all defendants in the Second Circuit Court of Appeals. The appeals court granted Fish’s motion to dismiss plaintiff’s appeal of the district court’s award of attorney’s fees for lack of jurisdiction. Later, the appeals court affirmed the award of summary judgment to the defendants on all claims and ordered plaintiff to pay additional costs to defendants.
Chico’s FAS, Inc. et al. v. Cache, Inc. et al. - Represented Chico’s in a trade secret litigation commenced in New York state court that alleged theft of trade secrets related to clothing designs and other business information. Fish was successful in defeating Cache’s attempt to remove the case to federal court where, Cache argued, the trade secret claims as they related to clothing designs were preempted by copyright law. The case was settled favorably for the client.
Inference Data LLC v. Catalyst Repository Systems Inc., et al. – Instituted an Article 75 Petition to Stay an Arbitration in the Supreme Court of the State of New York on behalf of client, Inference Data, LLC. Negotiated favorable settlement for the client of federal and state law claims involving copyright infringement, trademark infringement and unfair competition.
Aedes De Venustas, Inc. v. Venustas International, Inc. – Represented defendant in a trademark infringement and unfair competition litigation involving both federal and New York state law claims in the federal district court of the Southern District of New York. Negotiated a favorable settlement for client.