Megan Bannigan

Megan K. Bannigan is a member of the Litigation and Intellectual Property & Media Groups, specializing in trademarks, trade dress, copyrights, false advertising, rights of publicity, licensing and other contractual disputes and cyber/privacy. She represents clients across a range of industries, including consumer products, cosmetics, entertainment, fashion and luxury goods, financial services, food and beverage, pharmaceuticals, professional sports and technology.

Ms. Bannigan has extensive trial experience, helping to secure an over $20 million jury verdict for client Learning Annex in the United States District Court for the Southern District of New York, among other matters. She also has experience representing clients before the United States Patent and Trademark Office, the Trademark Trial and Appeal Board and the International Trade Commission.

She has been recognized by Managing Intellectual Property’s IP STARS as a Rising Star and is a frequent speaker and panel member for business, legal practice and educational groups across the country. She is also frequently quoted, mentioned and published in national and international publications, including Bloomberg, Reuters, Managing Intellectual Property, The World Trademark Review, Practical Law, Intellectual Property Magazine and The International Trademark Association Bulletin, as a legal authority on trademark and copyright matters.

Ms. Bannigan is also an adjunct professor, teaching fashion law and other courses at local universities. She previously was a Clinical Visiting Lecturer at Law at Yale Law School, leading the team of students that helped secure the landmark decision in Connecticut Coalition for Justice in Education Funding v. Rell, where the Court declared that several features of Connecticut’s system of education, including the formula for distributing funding to school districts, were unconstitutional.

Ms. Bannigan is active in intellectual property-related professional organizations, including the International Trademark Association, for which she spearheaded the development of INTA’s Pro Bono clearinghouse and, in 2017, was awarded the Volunteer Service Award for Advancement of the Association. She is also a member of the New York City Bar IP Council, the Intellectual Property Sections of the American Bar Association and Federal Bar Council and the American Intellectual Property Law Association.

Ms. Bannigan has a strong commitment to public service. She has a large pro bono practice and is active in an array of not-for-profit organizations, including for the Cancer Research Institute and Advocates for Children of New York. Prior to joining the firm, Ms. Bannigan worked in the Office of the New Jersey Governor.

Ms. Bannigan joined the firm in 2007. From 2008 to 2009, she clerked for the Honorable Mary Little Cooper of the United States District Court for District of New Jersey.

Ms. Bannigan received her J.D. with high honors from Rutgers University in 2007, where she served as production editor of the Rutgers Law Review. She received a B.A. with honors from Rutgers College in 2002. Ms. Bannigan is a member of the Bars of New York and New Jersey and is admitted to practice before the Southern District of New York and District of New Jersey.

Experience:

• Kate Spade in winning a verdict at trial defeating Saturday Surf’s trademark infringement challenge against the new mark, Kate Spade Saturday.
• Merck KGaA in trademark infringement, false advertising and breach of contract litigation against Merck & Co., Inc.
• PayPal in negotiating a favorable, confidential settlement with Pandora in a highly publicized case addressing the protection of mobile app icons.
• Learning Annex in obtaining a $23 million judgment after a jury trial of quasi-contract claims in the Southern District of New York.
• National Football League (NFL) in winning summary judgment against retired players’ publicity-rights claims.
• L’Oréal in multiple consumer class actions claiming that its skincare products do not perform as advertised.
• Highline Capital Management in a trademark infringement litigation against IAC’s High Line Venture Partners.
• Rimini Street in copyright litigation against Oracle regarding permitted software maintenance services.
• Industrias AlEn in an ITC investigation and associated litigations over Pinol and Cloralex, which are well-known brands in Mexico, over Clorox’s claims of infringement of its Pine-Sol and Clorox trademarks.
• Bayer in false advertising challenges against Merial over advertising for its competitive flea and tick control products for pets.
• The Connecticut Coalition for Justice in Education Funding in a landmark case where the court declared that several features of Connecticut’s system of education, including the formula for distributing funding to school districts, unconstitutional.
• A major financial services firm in the defense of litigations relating to auction rate securities.
• Toyota Motor Sales USA in various state and federal investigations relating to vehicle acceleration issues. These included 29 state attorney general investigations, congressional inquiries, SEC investigations, and Department of Justice (DOJ) investigations, all of which settled without any criminal convictions for the company.

Education:

• Rutgers School of Law – Camden, 2007, J.D.
• Rutgers University, 2002, B.A.

Bar Admissions:

• New Jersey
• New York