Best Lawyers in America, Ones to Watch 2022 badge, Michael S. PalmiscianoMike’s practice focuses on the clearance, prosecution, enforcement and licensing of trademarks and copyrights. Mike regularly advises clients on domestic and international trademark portfolio management, copyright protection and fair use and domain name acquisitions and disputes. He has significant experience advising digital media and entertainment clients, including on pre-publication clearance of editorial and branded video content and the use of trademarks and titles in creative works and advertising campaigns. Mike’s experience also includes drafting and negotiating software, data and merchandise license agreements and conducting intellectual property diligence for transactional matters.

Representative Client Work

Trademark and Copyright Advising and Enforcement
  • Represents clients in U.S. and international trademark selection and clearance, filing and prosecution, and maintenance and renewal, 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 and copyright enforcement actions worldwide, including through cease and desist letters, oppositions and cancellations.
  • Represented Vice Media, The Guardian, DraftKings, Kawhi Leonard and Bain & Company, among others, in Trademark Trial and Appeal Board proceedings.
  • Represented Dassault Systemes, a leading CAD software company, in its U.S. volume antipiracy program targeting thousands of infringers.
  • Prosecuted over 1,600 copyright applications for video, literary, visual arts, and sound recording works with the U.S. Copyright Office.
Licensing and Transactions
  • Represent OneTen Coalition, 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 a software intelligence platform provider in negotiating and drafting software license agreements, SaaS agreements and professional services agreements.
  • Represented a fitness hardware and platform startup in its negotiation and drafting of agreements for production of integrated workout training videos.
  • Represented Vice Media in its acquisition of trademark rights and domain names and negotiation of manufacturing, sales, distribution and licensing agreements.
  • Represented A.T. Cross, a writing instrument company, as intellectual property counsel in its sale of a global trademark portfolio of over 850 marks in 100 countries.
Media, Entertainment and Advertising
  • Represented a leading global news organization in negotiating and drafting literary option agreements with studios including Universal, Warner Bros. and CBS.
  • Advised on clearance of news and documentary content for television and digital broadcast, including copyright fair use, trademark, publicity, privacy and First Amendment issues.
  • Provided pre-publication review of advertising and white label content for brands including Google, IBM, Nike, Adidas, Geico, L’Oréal and Harley Davidson.
  • Advised on legal implications of media and advertising content concerning cannabis and related consumer merchandise.
  • Represented filmmaker Ian McFarland in copyright fair use, license and release review 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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