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

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


BA, Tulane University 1996
English, Art History

Admissions

  • 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

Awards

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 (2013-2014). 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, 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).

Experience

view all

What's trending with Kristen

Filter by
Blog
February 17, 2015
Will Katy Perry's Copyright Claim in "Left Shark" Tank?
Authors: Michelle Lee, Kristen McCallion
News
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.
Articles
Blog
January 21, 2015
Trademark Tacking: An Issue of Fact a Jury (or a Judge) May Decide
Author: Kristen McCallion
News
January 21, 2015
Trademark Tacking: An Issue of Fact a Jury (or a Judge) May Decide
Client Alerts
Blog
January 12, 2015
The First Amendment Again Protects Video Games as Expressive Works
Author: Kristen McCallion
Blog
November 14, 2014
Motion for Summary Judgment Denied in “Blurred Lines” Copyright Infringement Suit
Author: Kristen McCallion
Blog
October 28, 2014
Who Owns How? Chobani Hit with Trademark Lawsuit over "How Matters" Campaign
Author: Kristen McCallion
Blog
Blog
October 14, 2014
Website Owners May Allege Protectable Trade Dress in Their Website Design
Authors: Kristen McCallion, Nancy Ly
Blog
News
October 14, 2014
Kristen McCallion Named 2015 Women Worth Watching Award Winner, Profiles in Diversity Journal
Articles
Blog
September 25, 2014
Legal Rights for Illegal Art? Copyright Protection for Graffiti
Authors: Kristen McCallion, Sara O'Coin Bauer
Blog
load more topics