Michael J. Allan

Partner

Washington, DC

+1 202 429 6749

New York

+1 212 378 7578

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Areas of Work

Overview

Michael Allan has a broad practice that involves the prosecution and defense of trademark, copyright, trade secret, false advertising, publicity rights, and patent claims. He has successfully litigated numerous intellectual property and other complex commercial litigation cases on behalf of his clients in the manufacturing, pharmaceutical, fashion, music, entertainment, and financial services industries. He appears regularly in federal district and appellate courts throughout the country, as well as in administrative proceedings at the International Trade Commission (ITC) and the Trademark Trial and Appeal Board (TTAB).

Mike has particular experience representing rights holders in the anti-piracy and anti-counterfeiting space. He represents clients in a broad range of issues relating to the transfer, exploitation, preservation, and protection of their rights in copyrightable works, as well as the prosecution and defense of trademark, trade dress, and trade secret infringement claims.

Mike also has substantial experience both prosecuting and defending Section 337 investigations before the International Trade Commission. Most recently, Mike served as lead counsel in defending a major Chinese steel manufacturer against Lanham Act (false designation or origin) and antitrust allegations. In a matter that was closely watched by both the trade and international press, the Steptoe team prevailed on all claims resulting in termination of the investigation by the Commission. Mike has also brought and enforced trademark infringement claims at the ITC on behalf of Louis Vuitton and Clorox.

In addition, Mike is actively involved in counseling clients on intellectual property rights and enforcement strategies. Specifically, he has drafted and negotiated intellectual property agreements as well as counseled clients on due diligence reviews and intellectual property licensing and transfer agreements.

Mike serves as chair of Steptoe's Copyright practice and as chair of the Trademark group.

District of Columbia
New York
South Carolina
US District Court, Northern District of New York
US District Court, Southern District of New York
US District Court, District of Columbia
US Court of Appeals, Federal Circuit
US Court of Appeals, Second Circuit

J.D., Syracuse University College of Law, 1998, cum laude; Syracuse Law Review; Syracuse Moot Court Board
B.A., Hamilton College, 1995

Areas of Work

Representative Matters

Lead counsel to a major foreign steel manufacturer in a Section 337 case before the ITC involving claims of false designation of origin and antitrust violations. Secured dismissal of all claims on motions practice.
Lead counsel to a medical device company in a distribution agreement dispute.
Serves as lead counsel to several luxury brands on intellectual property enforcement and unfair competition matters.
Lead counsel to a national music trade organization on intellectual property protection and enforcement matters.
Represents a major financial institution in connection with trademark, unfair competition, and false advertising matters.
Served as lead counsel to an international group of music companies in a copyright infringement case against a major cable provider (BMG Rights Mgmt. (US) v. Cox Communications, Inc.).
Obtained summary judgment in a trademark infringement case for a major French fashion house.
Served as lead counsel to a major French fashion house in the first Section 337 investigation in which a luxury goods manufacturer used the ITC to litigate its trademarks against counterfeiters and won a general exclusion order prohibiting the unlicensed entry of certain products infringing on its registered marks (In re Handbags, 337 TA 754).
Obtained a complete reversal of a significant sanction award pursuant to 28 U.S.C. § 1927 on behalf of a New York City based law firm in the Federal Circuit Court of Appeals.
Secured summary judgment for $4 million for a British fashion house in a trademark infringement and breach of contract case.
Upheld a $3.5 million judgment on behalf of a major French fashion house by a precedent setting Second Circuit opinion.
Lead counsel to Raymond James Financial in a copyright infringement suit.
Advised on copyright transfer agreements relating to the book American Grown by Michelle Obama.
Served as lead counsel to a leading US importer and marketer of luxury wines and spirits in a patent infringement Section 337 investigation.
Lead counsel to a large manufacturing company in a copyright infringement lawsuit.
Lead counsel to an Internet services company in a complex trade secret litigation.
Represents a French pharmaceutical company in Hatch-Waxman patent litigation and related antitrust litigation.
Enforced a non-competition agreement against a former software executive.
Represented a major tobacco company in several trademark counterfeiting and infringement lawsuits.
Represented a large automobile insurance carrier in several trademark infringement and product disparagement cases nationwide.
Defended a US pharmaceutical company against alleged advertising violations by several state Attorneys General.
Defended a major US pharmaceutical company in a nationwide products liability class action lawsuit.
Represented a niche pharmaceutical company in an international arbitration with US and Indian companies over a development and supply agreement dispute.

Speaking Engagements

"Diffusion Brands: Are They In or Are They Out?," Brands and Fashion Conference, March 23, 2017
"IW20 Industry Breakout: Fashion Forward," INTA, May 6, 2015