Search Team

Search by Last Name


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.


JD, University of Miami School of Law 2005
Staff Editor, Inter-American Law Review
cum laude

BA, Tulane University 1996
English, Art History


  • New York 2006
  • United States Court of Appeals for the Second Circuit
  • United States District Court for the Southern District of New York
  • United States Court of Appeals for the First Circuit
  • United States District Court for the Eastern 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


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 (2013-2015) 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

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,” (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).


view all

What's trending with Kristen

Filter by
November 3, 2015 EST
2015 IP Trademark, Copyright & Licensing Counsel Forum
2015 IP Trademark, Copyright & Licensing Counsel Forum
Fish at the Podium
July 27, 2015
3 Trademark Cases To Watch In The 2nd Half Of 2015
Media Coverage
April 28, 2015
Fish’s Kristen McCallion Quoted in Bloomberg Business, “The Slants Get Hearing on Rude Trademark Issue Facing Redskins”
April 28, 2015
Does the Bar on Registration of Disparaging Marks Violate the First Amendment?
Author: Kristen McCallion
February 25, 2015
Ninth Circuit Rules in Favor of Costco in Omega Copyright Dispute
Author: Kristen McCallion
February 17, 2015
Will Katy Perry's Copyright Claim in "Left Shark" Tank?
Authors: Michelle Lee, Kristen McCallion
January 22, 2015
Fish’s Kristen McCallion shares her insight into the significance of the Supreme Court decision on trademark tacking in Hana Financial Inc. v. Hana Bank.
January 21, 2015
Trademark Tacking: An Issue of Fact a Jury (or a Judge) May Decide
Author: Kristen McCallion
IP Litigation
January 21, 2015
Trademark Tacking: An Issue of Fact a Jury (or a Judge) May Decide
Client Alerts
load more topics