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. In December 2015, Mike served as lead counsel to BMG Rights Management US LLC in a copyright infringement case against Cox Communications where he prevailed at trial with a finding of willful contributory infringement and $25 million in damages awarded, reported by The Virginia Lawyer's Weekly as the largest verdict in Virginia in 2015, and the only one in eight figures.
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 co-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 Practice
- Serves as lead counsel to several luxury brands on intellectual property enforcement and unfair competition 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.
News & Publications
August 3, 2017
June 2, 2017
December 5, 2016
November 23, 2016
June 15, 2016
June 1, 2016
February 18, 2016
June 4, 2015
March 23, 2017
May 6, 2015
- National Law Journal, "Trailblazers in IP" (2016)
- Law360, Intellectual Property "MVP" (2016)
- World Trademark Review 1000 (2014-2016)
- The Legal 500 US, Intellectual Property: Trademarks, Litigation (2016-2017)
- The Legal 500 US, Patent Litigation, International Trade Commission (2017)