Overview

Allison Stillman is a partner in the Intellectual Property group in Mayer Brown’s New York office. She concentrates her practice in copyright, trademark, trade dress, and other intellectual property and complex litigation matters. Allison has represented public and private companies in a range of industries, with a particular concentration in technology, media, and entertainment. Allison has worked on numerous high-profile matters concerning digital media that have shaped copyright law, including representing Google and YouTube in landmark DMCA litigation, representing Spotify in section 115 mechanical rights litigation, and representing the Digital Media Association in connection with implementing the recently-enacted Music Modernization Act.

Allison was named a “Rising Star” in Media & Entertainment by Law360, which is an honor given to “attorneys under 40 whose legal accomplishments belie their age,” and was named a “Rising Star” by the New York Law Journal, which recognizes “the region’s most promising lawyers who are no older than 40.” Allison has also repeatedly been recognized as a “Super Lawyer” in Intellectual Property by New York Super Lawyers.

Allison sits on the Board of Directors of Lawyers for Children, a not-for-profit legal corporation dedicated to protecting the rights of children in foster care in New York City and promoting system-wide child welfare reform in New York State. Allison has represented Lawyers for Children in several appellate matters before the New York Supreme Court, Appellate Division and the New York Court of Appeals. Allison also sits on the New York City Bar Association’s Council for IP.

Allison began her career as a law clerk to the Honorable Richard R. Clifton, United States Court of Appeals for the Ninth Circuit.

Spoken Languages

  • English

Experience

Copyright Litigation

  • Represented Spotify in defense of copyright infringement action brought by Wixen Music Publishing seeking $1.6 billion on behalf of artists including Tom Petty, The Doors, The Beach Boys, and others. (C.D. Cal.).
  • Represents Spotify in defense of a copyright class action on behalf of a putative class of music composers who allege that Spotify infringes the copyrights of music composers by making their compositions available through their digital music service without proper licenses. (Ferrick v. Spotify USA Inc., (USDC SDNY)).
  • Represented Google in industry-wide class action copyright litigation against digital music retailers implicating Section 115 mechanical licenses in connection with digital downloads. (Blagman v. Apple Inc. et al. (USDC SDNY))
  • Represented Google and YouTube in defense of billion-dollar copyright infringement suit relating to videos posted by users on YouTube. Won summary judgment in a landmark decision that held the Digital Millennium Copyright Act's "safe harbor" protects YouTube against liability for the presence of allegedly infringing videos on the site. Defeated class certification of proposed class of copyright owners. (Viacom International Inc. v. YouTube, Inc. et al. (USDC SDNY)).
  • Represented Cablevision in a suit for alleged breach of licensing and distribution agreements, copyright infringement, and trademark infringement, concerning the display of cable content on the iPad. (Viacom International Inc., et al. v. Cablevision Systems Corporation et al. (USDC SDNY)).
  • Represented Google and YouTube in defense of copyright and trademark infringement claims based on user-generated video content allegedly infringing copyright and trademark interests of rap artist.  Successful dismissal affirmed on appeal. (Moses v. YouTube, Inc. et al. (USDC WD Tenn.)).
  • Defended Google and others against third party discovery; obtained reversal of order compelling production. (Arista Records LLC et al. v. Lime Wire LLC et al. (USDC SDNY)).
  • Defended LG Electronics and others in copyright action brought on behalf of artist alleging infringement of museum artwork in digital wallpaper and marketing materials for mobile phone.   (Pape v. LG Electronics USA Inc. et al. (USDC SDNY))
  • Defended United Airlines against copyright infringement claims asserted based on use of music in connection with in-flight entertainment systems. (Arista Music, et al. v. United Airlines, Inc., et al. USDC SDNY)
  • Represented Spotify in rate-setting proceeding for streaming of musical compositions before the Copyright Royalty Board (Determination of Rates and Terms for Making and Distributing Phonorecords, Docket No. 16-CRB-0003-PR (2018-2022) (CRB)
  • Represents Scotia Capital in defense of copyright infringement action concerning alleged distribution of copyrighted publication beyond scope of license (Energy Intelligence Group, Inc. et al. v. Scotia Capital (USA) Inc. (USDC SDNY)).

Trademark Litigation

  • Represented Nestlé Purina in an action for trademark infringement, false designation of origin and unfair competition, brought by Nature’s Variety, Inc. alleging that Purina’s True Instinct variety of Purina Smartblends dog food was likely to cause confusion and reverse confusion with Nature’s Variety’s line of Instinct pet food.  (Nature’s Variety, Inc. et al. v. Nestlé Purina PetCare Company (USDC SDNY))
  • Represented Nestlé Waters in trademark infringement action against Pura Vida H2O based on use of nearly identical trademarks to Nestlé’s famous Pure Life marks in connection with water filtration systems. (Nestlé Waters North America Inc. v. Pura Vida H2O, LLC (USDC D. Conn.)).
  • Represented Nestlé USA, Inc. in a trade dress and trademark infringement matter against Log House Foods concerning use of certain trade dress elements, including yellow packaging, for baking morsels. (Log House Foods, Inc. v. Nestlé USA, Inc. (USDC D. Minn.)); Nestlé USA, Inc. v. Log House Foods, Inc. (USDC ND Ohio)).
  • Represented Modern Luxury Media (subsidiary of Cumulus Media) in action for trademark infringement, trademark dilution, and unfair competition against Celebrity Cruises based on marketing campaign featuring infringing mark. (DM Luxury, LLC v. Celebrity Cruises, Inc. (USDC ND Ill.)).
  • Represented Nestlé USA and Dreyer's Grand Ice Cream Co. in defense of trademark infringement claims relating to the use of Weight Watchers Points trademarks on marketing materials for Lean Cuisine and Skinny Cow products.  (Weight Watchers Int'l v. Nestlé USA, Inc. (USDC SDNY)).
  • Represented Nestlé USA in defense of trademark infringement and dilution claims concerning advertising campaign for Buitoni line of food products. (Bottom Line Food Processors, Inc. v. Nestlé USA, Inc. (USDC WD Tex.)).

Patent and Trade Secret Litigation

  • Drafted brief on behalf of Appellee/Cross Appellant Faiveley in the appeal of summary judgment and $20 million jury verdict in trade secret case (affirmed in all material respects) (Faiveley Transport USA et al v. Wabtec Corporation (USCA 2d Cir.)).
  • Defended Google in patent case accusing Google Trusted Stores of infringing a business method patent for guaranteeing online merchant transactions. Obtained judgment on the pleadings that the patent claims asserted patent-ineligible subject matter and thus were invalid. (buySAFE Inc v. Google Inc. (USDC D. Del.)).
  • Represented subsidiary of Nestlé Purina PetCare Company in a patent infringement suit. Won dismissal of the complaint under Rule 12(b)(6) for failure to state a claim under Twombly and Iqbal. (Prestige Pet Products, Inc. v. Pingyang Huaxing Leather and Plastic Co., Ltd. (USDC ED Mich.)).

Intellectual Property Transactions

  • Advised Capital One on trademark and related IP issues in connection with acquisition of ING Direct
  • Advised Fortune 100 consumer brand company on joint venture and cross-licensing project involving the use of famous literary works
  • Advised cosmetics companies on license and distribution agreements to sell products through international hotel chains and through video and ecommerce retailers

Education

University of Pennsylvania Law School, JD, magna cum laude

 Order of the Coif; Senior Editor, University of Pennsylvania Law Review

 

University of Pennsylvania, BA, magna cum laude

 Dean's list; Golden Key Honor Society

 

Admissions

  • New York

Court

  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Federal Circuit
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York
  • 2019 New York New York Law Journal – Rising Star
  • 2019 New York Law360 – Rising Star
  • 2015 New York Metro Super Lawyers Magazine ­– Rising Star