Best Lawyers in America, Ones to Watch 2022 badge, Michael S. PalmiscianoMike represents global brands, technology companies and media organizations in a range of intellectual property and commercial matters.

Mike has extensive experience with transactional intellectual property matters, including technology and software licensing, SaaS agreements, content licensing, trademark coexistence, merchandising and brand licensing, professional services agreements, and website and mobile application terms of use. Mike manages the intellectual property aspects of corporate, M&A and financing transactions for public and private companies. He also regularly serves as outside general counsel and commercial counsel to emerging businesses. A significant portion of Mike’s clients are non-U.S. companies doing business in the United States.

Mike’s practice also focuses on the clearance, prosecution and enforcement of trademarks and copyrights. He counsels clients on all aspects of domestic and international trademark selection and searching, portfolio management, brand strategy, copyright protection, fair use and domain name acquisitions. Mike represents clients across industries in pre-litigation and administrative enforcement matters including cease and desist letters, oppositions, cancellations, DMCA takedowns and domain name disputes.

Representative Client Work

Licensing and Technology Transactions
  • Represented a startup non-profit organization as outside general counsel, including in negotiating and drafting master services agreements, SaaS agreements, software and technology licensing agreements and non-disclosure agreements
  • Represented an enterprise software intelligence platform provider in negotiating and drafting outbound software license agreements, SaaS agreements and professional services agreements
  • Represented a beverage dispensing machine startup in negotiating manufacturing, distribution, lease and equipment sale agreements
  • Represented a famous kitchen and home goods brand in negotiation and drafting of exclusive product category trademark license agreements
  • Represented a global youth media company in its acquisition of trademark rights and domain names and negotiation of manufacturing, sales, distribution and licensing agreements
Trademark and Copyright Advising and Enforcement
  • Represented clients in U.S. and international trademark clearance, prosecution and maintenance, including in the media and entertainment, gaming and gambling, fantasy sports, consumer products, fitness, apparel, software and technology, consulting and professional services, food and beverage and financial services industries
  • Represented clients in hundreds of pre-litigation trademark, copyright and domain name enforcement actions worldwide, including through cease-and-desist letters, oppositions, cancellations and UDRP actions
  • Represented Vice Media, The Guardian, DraftKings, Kawhi Leonard and Bain & Company, among others, in Trademark Trial and Appeal Board proceedings
  • Represented a French CAD software company in its U.S. volume antipiracy program targeting thousands of infringers
Media, Entertainment and Advertising
  • Represented a UK-based news organization in negotiating and drafting literary option agreements with film and television studios including Universal, Warner Bros. and CBS
  • Represented a global digital media and broadcasting company in clearance of news and documentary video content, including copyright fair use, trademark, publicity, privacy and First Amendment issues
  • Represented an heir to the publishing rights of a well-known children’s mystery book author in an ownership dispute concerning more than 30 literary works
  • Represented an advertising and white label content studio in pre-publication review of video content for brands including Google, IBM, Nike, Adidas, Geico and L’Oréal
  • Represented filmmaker Ian McFarland as rights clearance counsel for the Showtime feature-length music documentary, The Godfathers of Hardcore

Bar & Court Admissions

  • Massachusetts
  • New York
  • U.S. District Court, District of Massachusetts

Education

  • J.D., cum laude, Boston College Law School
  • B.A., Boston College

Community Engagement

  • International Trademark Association
    • Publications Committee (2022-2023)
  • New York Intellectual Property Law Association
    • Member, Copyright Committee
  • Volunteer Lawyers for the Arts
  • New York City Bar Association

Awards & Honors

  • "Ones to Watch," Best Lawyers in America®, Intellectual Property Law (2021, 2022)
  • "Rising Star" New York Metro Super Lawyers (2020, 2021)
  • "Rising Star" Massachusetts Super Lawyers (2018, 2019)
  • First Place, 2012 Association of SEC Alumni Writing Competition

Seminars & Presentations

Practices

Industries

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