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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.

She has been named an “IP Star” and one of the “Top 250 Women in Law” by Managing Intellectual Property and ranked in the top tier of trademark attorneys at the state and national level by World Trademark Review‘s WTR 1000. In the 2018 edition of WTR 1000, Ms. McCallion is described as an attorney who “wields superb judgement and is extremely strategic,” and who is “intelligent, formidable and a pleasure to deal with; there’s no time wasting with her, so you’re able to get to a resolution more quickly.” Ms. McCallion has also been selected by Super Lawyers New York, recommended by The Legal 500 for Trademark and Copyright work, named to Profiles in Diversity Journal’s “Women Worth Watching,” featured in The New York Times Magazine, and named “Empire State Counsel” by the New York State Bar Association.

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


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

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


  • 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


Client Choice Award – Copyright – New York by Lexology (2019).

Listed in World Trademark Review WTR 1000, New York (2017 – 2019).

Selected as an “IP Star” by Top 250 Women in IP (2013) and “IP Star” by Managing Intellectual Property (2013-2020).

Selected by Super Lawyers New York (2013-2019).

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).

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

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

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

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

Publications and Presentations

Ms. McCallion is a contributing author to Fish’s IP Law Essentials.

Visual Artists Rights Act Protects Even Transient Art in the Absence of an Explicit Waiver,”co-authored with John Goetz, Fish IP Law Essentials Blog (June 17, 2020).

Can I Copyright My Logo?,” co-authored with John Goetz, Ryan Petty, Fish IP Law Essentials Blog (May 1, 2020).

“Futureproofing Your Online Brand Protection Strategy,” World Trademark Review’s Brand Protection Online (March 5, 2019).

“2018 Trademark & Copyright Year in Review Webinar,” Fish webinar (January 23, 2019).

USPTO Announces Expedited Cancellation Pilot Program,” Trademark & Copyright Thoughts Blog (January 28, 2019)

Quoted in, “USPTO Goes After Fakers; Experts Praise Initiative to Combat Improper Specimens, Calls for Further Action,” World Trademark Review (March 7, 2018).

USPTO Publishes Amendments to Trademark Rules of Practice,” Trademark & Copyright Thoughts Blog (October 17, 2016).

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).

Ninth Circuit Issues Amended Opinion in ‘Dancing Baby’ DMCA Notice-and-Takedown Case,” Trademark & Copyright Thoughts Blog (March 31, 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).

Interviewed, “Women Worth Watching,” Profiles in Diversity Journal (September 2014).

“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).


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