Mike Oropallo

Mike is a first-chair trial lawyer with 30 years of experience in complex civil litigation. His work spans intellectual property, environmental, toxic exposure and wildlife cases, and includes dozens of jury trials. He has litigated matters across the United States and handled appeals involving precedent-setting decisions on copyrightability, “useful articles” and the merger doctrine.

Alongside his trial practice, Mike counsels archery and outdoor industry clients on complex copyright, patent and trademark issues. His work covers the protection and enforcement of intellectual property, as well as questions arising from the acquisition, monetization and licensing of those assets. He co-chairs Barclay Damon’s Trademarks, Copyrights & Licensing Practice Area and chairs the New York State Bar Association Intellectual Property Section.

Mike also represents clients on specialized wildlife law issues, including the transfer, importation and permitting of wildlife. He regularly assists museums with acquisitions of natural history specimens and advises clients on restrictions under the Endangered Species Act, the Migratory Bird Treaty Act, the Marine Mammal Protection Act, the Convention on International Trade in Endangered Species (CITES) and the Lacey Act. He co-leads Barclay Damon’s Outdoor & Wildlife Team.

His trial experience also informs a growing practice as a neutral in arbitration, mediation and other forms of alternative dispute resolution. Mike serves on the New York State Bar Association Dispute Resolution Section Executive Committee and has been named to court-approved ADR panels. His neutral appointments include panels of the American Arbitration Association and the International Trademark Association.

• Serves as lead first-chair trial counsel on patent, copyright, and trademark infringement cases, including for jury trials, Markman hearings, and on preliminary injunction, summary judgment, and additional hearings and motions.
• Obtained a precedent-setting trial verdict upheld on appeal regarding the copyrightability of “useful articles” and realistic depictions of animals in three-dimensional sculptural works.
• Serves as lead coordinating and IP due-diligence counsel for numerous acquisitions and mergers and on multi-million deals for individual companies and private equity.
• Served as the lead member of a team in litigation regarding the Endangered Species Act listing of the polar bear and related appeals.
• Successfully obtained copyright protection for sculptural work and restoration of the last Galapagos Tortoise that was on display at the American Museum of Natural History and now in Ecuador.
• Successfully obtained a temporary restraining order and preliminary injunction against a former archery-equipment designer related to proprietary cam and related technologies.
• Successfully defended a glove manufacturer at trial on the claim that the mark caused the likelihood of confusion with the registered mark for ski gloves and related merchandise. The proximity of the house mark eliminated the likelihood of confusion.
• Successfully moved for a finding of civil contempt for the violation of an injunction in a copyright infringement case involving wearable art in the form of pewter wildlife-art pins.
• Obtained a finding of infringement at trial involving design and utility patents for snow plows and material-moving devices.
• Obtained numerous permits for the importation, possession, and transfer of various wildlife specimens for natural history museums.

• Ohio Northern University, JD, Cum Laude; Law Review, Associate Editor
• State University of New York at Oswego, BA, Geology

Admitted to Practice

• New York
• Pennsylvania

Court Admissions

• US Court of Appeals for the Second Circuit
• US Court of Appeals for the Third Circuit
• US Court of Appeals for the Fourth Circuit
• US Court of Appeals for the Fifth Circuit
• US Court of Appeals for the Ninth Circuit
• US Court of Appeals for the Federal Circuit
• US District Court for the Eastern District of New York
• US District Court for the Northern District of New York
• US District Court for the Southern District of New York
• US District Court for the Western District of New York
• US District Court for the Western District of Pennsylvania
• US District Court for the Western District of Wisconsin
• US Supreme Court

• The Best Lawyers in America®: Copyright Law, 2020–2027
• Selected to Super Lawyers Upstate New York: Intellectual Property Litigation, 2007, 2011–2026
• New York State Bar Association, Empire State Counsel Honoree, 2009–2010
• ALM Top Rated in the Energy, Environmental, and Natural Resources for Environmental Law and Litigation – Environmental
• Martindale-Hubbell AV Preeminent Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

• American Alliance of Museums
• American Arbitration Association – Panel of Neutrals
• Copyright Society of the USA
• Innovation American Inn of Court
• International Trademark Association – Panel of Neutrals
• American Bar Association
• New York State Bar Association, Intellectual Property Section Chair and Dispute Resolution Section Executive Committee Member