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.
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).
Selected as an "IP Star" by Managing Intellectual Property (2013, 2014) 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," 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).