FacultyFaculty/Author Profile
Andrew S. MacKay

Andrew S. MacKay

Donahue Fitzgerald LLP

Oakland, CA, USA


Litigation attorney Andrew S. MacKay focuses his practice in trademark, copyright, and patent enforcement.  He is a partner at Donahue Fitzgerald LLP and serves as co-chair of the firm’s Litigation Practice Group. He has experience representing clients at all stages of litigation, including at trials, appeals, arbitration, and mediation.

In his trademark enforcement practice, Andrew polices and enforces his clients’ trademark rights in federal and state courts, as well as proceedings before the Trademark Trial and Appeal Board.  He has extensive experience enforcing his clients’ trademark rights in domain names, especially proceedings under the Uniform Domain Name Resolution Policy (UDRP). As one of the worldwide IP enforcement counsel for Autodesk, Inc., he represents it in litigation and UDRPs.

In addition, Andrew enforces copyrights in software, music, architectural drawings, videogames, books, and artwork.  His patent practice involves enforcement of both design and utility patents. He is one of UK-based Dyson Technology Limited’s U.S. enforcement counsel for trademarks, patents and copyrights, and trademark counsel for Monster Inc.

Andrew received his B.A. from Yale University and his J.D. from the UC Berkeley School of Law (Boalt Hall).

Recent Representative Cases

  • Co-counsel for plaintiffs in Good Morning to You Productions Corp. et al. v. Warner/Chappell Music, Inc., the “Happy Birthday” class action lawsuit described by The New York Times as “a lawsuit for the ages,” in which the Court granted summary judgment in part for plaintiffs, ruling that defendants did not own the song’s copyright
  • Counsel for complainant in Autodesk, Inc. v. Domain Admin/Hulmiho Ukolen Poste resante, Case No. D2015-2014 (WIPO) (autocadd.com domain ordered transferred to complainant); Autodesk, Inc. v. Marek Jakubczak, The Blue Solutions Corp., Case No. D2015-1791 (WIPO) (iautocad.com domain ordered transferred to complainant); and Autodesk, Inc. v. Web Admin, Ebills Online Services, Case No. D2015-1358 (WIPO) (autocadzone.com domain ordered transferred to complainant)
  • Counsel for plaintiffs in Dyson Limited, Dyson Research Limited, and Dyson Technology Limited v. BHN Intl LLC dba Lava Heat Italia et al., in which defendants agreed to cease all distribution of bladeless fans that infringe plaintiffs’ trademarks and patents, destroy all inventory, and pay damages
  • Counsel for defendant Maximum Games in CMG Worldwide v. Maximum Games et al., in which plaintiff alleged right of publicity and trademark claims on behalf of General Patton’s heirs related to video game; parties entered into confidential settlement after defendant filed anti-SLAPP motion and motion to dismiss
Andrew S. MacKay is associated with the following items:
Web Segment  Web Segment Litigation Alternatives and Hot Topics in the U.S. and Abroad - Fundamentals of Trademark Law in the Global Marketplace 2017, Wednesday, July 19, 2017
MP3 Audio  MP3 Audio Litigation Alternatives and Hot Topics in the U.S. and Abroad - Litigation Alternatives and Hot Topics in the U.S. and Abroad, Wednesday, July 19, 2017
Transcripts  Transcripts Litigation Alternatives and Hot Topics in the U.S. and Abroad - Litigation Alternatives and Hot Topics in the U.S. and Abroad, Wednesday, July 19, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Litigation Alternatives and Hot Topics in the U.S. and Abroad - Litigation Alternatives and Hot Topics in the U.S. and Abroad, Wednesday, July 19, 2017
On-Demand Web Programs  On-Demand Web Programs Fundamentals of Trademark Law in the Global Marketplace 2017, Tuesday, July 25, 2017, San Francisco, CA
Live Seminar  Live Seminar Fundamentals of Trademark Law in the Global Marketplace 2018, Tuesday, July 10, 2018, San Francisco, CA
Live Webcast  Live Webcast Fundamentals of Trademark Law in the Global Marketplace 2018, Tuesday, July 10, 2018, San Francisco, CA
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