Kathleen E. McCarthy (Katie)

• Skillz Platform Inc. v. Papaya Gaming (SDNY 2026) (Counsel for plaintiff in Lanham Act false advertising case; securing $420 million damages jury verdict, the largest ever in a Lanham Act case, plus $720 million advisory profits award).
• Sandoz Inc. v. Amgen Inc. (CDCA 2022) (Counsel for defendant in Lanham Act false advertising case involving promotional claims relating to comparative studies).
• JSR Industries, Inc. v. Spanx, LLC (CDCA 2022) (Lead counsel for defendant in trademark infringement action).
• Weldental LLC v. Hello Products, LLC (SDCA 2021) (Lead counsel for defendant in trademark and trade dress infringement action).
• R and A Synergy LLC v. Spanx, Inc. (CDCA 2017) (Lead counsel for defendant in trade dress infringement action).
• A Better Choice Lock & Key LLC v. Google Inc. et al (DC Cir., filed 2016) (Lead counsel for defendant in Lanham Act, antitrust class action case with CDA Section 230 defense motion to dismiss granted and affirmed on appeal in precedential decision).
• Baldino’s Lock & Key Inc. v. Google Inc. et al (EDVA and 4th Cir., filed 2014) (Lead counsel for defendant securing CDA Section 230 defense on motion to dismiss in case involving Lanham Act and RICO claims).
• Valerus Field Solutions LP v. Valerus Specialty Chemicals (SDTX, filed 2015) (Lead counsel for plaintiff in trademark infringement action, securing settlement following filing of preliminary injunction motion).
• On Site Energy Co. v. MTU Onsite Energy (EDNY, filed 2010; jury trial August 2012) (Lead counsel in trademark infringement action challenging the use of the term ON SITE ENERGY in connection with power generators, securing jury verdict for the defense).
• Spanx, Inc. v. Times Three Clothiers d/b/a Yummie Tummie (NDGA, SDNY, filed 2013) (Lead counsel in design patent infringement declaratory judgment action and related design patent and utility patent infringement action, securing decision invalidating two patents with case resolved and dismissed thereafter).
• Fritz Hansen A/S v. Restoration Hardware (SDNY, filed 2013) (Lead counsel in trademark and trade dress infringement action involving copies of chair designs, securing resolution).
• Rolex Watch U.S.A., Inc. v. PRL Holdings (SDNY 2012) (Lead counsel in appeal of TTAB decision involving marks RLX RALPH LAUREN and RALPH LAUREN RLX, securing resolution prior to trial). Prior cases include: Rolex Watch U.S.A., Inc. v. Capetown Diamond Corp. et al (N.D. Georgia 2003-2007) (Lead counsel in the latest of a series of cases establishing that genuine Rolex watches altered with non-genuine integral parts such as diamond bezels and bracelets are counterfeit);
• Rolex Watch U.S.A., Inc. v. Town & Country Jewelers (2005);
• Rolex Watch U.S.A., Inc. v. JBJ Distributors, Inc. (5th Cir. July 29, 2003) (per curiam);
• Rolex Watch U.S.A., Inc. v. Zeotec Diamonds, Inc., 2003 U.S. Dist. LEXIS 5595 (C.D. Cal., Mar. 7, 2003) (Lead counsel);
• Rolex Watch U.S.A., Inc. v. Michel Co., 179 F.3d 704 (9th Cir. 1999);
• Rolex Watch U.S.A., Inc. v. Meece, 158 F.3d 816 (5th Cir. 1998).

Katie McCarthy focuses on trademark, copyright, design, advertising and internet law, representing clients across a wide array of industries including consumer products, pharmaceuticals, retail, hospitality, internet services, sports and entertainment, cosmetics, and food and beverages. Katie litigates in federal court and before the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board. Katie also counsels clients on a broad range of IP-related matters, helping to find creative and practical solutions to legal challenges, and developing strategies and policies that advance their business goals.

During her more than 35 years of experience, Katie has first-chaired numerous trials and preliminary injunction hearings. Katie actively polices online infringement and scams for several clients. In addition to litigation and contested matters, Katie directs international and domestic trademark clearance and prosecution programs, manages domain name disputes and acquisitions, and develops social media and other intellectual property-related policies.

Katie is active in the New York Intellectual Property Law Association, including serving on the Board and serving a term as President during which she organized and moderated a forum of key discussion leaders debating online platform liability. Katie served as Editor-in-Chief of the International Trademark Association peer-reviewed scholarly journal, The Trademark Reporter, having served on the committee soliciting and editing articles for the journal for more than 20 years. Katie’s article, “Free Ride or Free Speech: Predicting Results and Providing Advice for Trademark Disputes Involving Parody” won INTA’s 2020 Ladas Memorial Award for best paper in the professional category. Katie has presented at and co-chaired PLI's IP Enforcement Update program annually since 2011 and frequently writes and speaks for PLI, INTA, NYIPLA and other organizations on trademark, copyright and false advertising topics. Katie is the author of PLI’s one volume treatise, “Kane on Trademark Law: A Practitioner’s Guide.”