Anthony Rufo

Anthony Rufo

Foley Hoag LLP

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Fall Is In The Air: Are The Justices Getting Ready For The Gridiron?

The Washington Redskins Ask The Supreme Court To Block Fourth Circuit From Participation In Important Trademark Cases Another Labor Day is behind us, kids are back to school, and fall has unofficially arrived (it will...more

9/20/2016 - Disparagement First Amendment Football Free Speech Lanham Act Native American Issues Redskins Trademark Litigation Trademark Registration Trademarks

I Really Like “I [LOVE] NY” – The History Of An Iconic Logo And Ad Campaign

I am in New York City for the Intellectual Property Owners Association’s (“IPO”) Annual Meeting. I have been to the Annual Meeting before in other cities and had a great time, but was thrilled when I heard that it was going...more

9/13/2016 - Annual Meeting IPO Logos Public Domain Trademarks

Celebrity Trademark Watch: Beyoncé Sues Feyoncé and Fame is the Name of the Game

Beyoncé Giselle Knowles-Carter, known to most as simply Beyoncé, and as “Bey” to those who like to pretend they know her, is about as famous as one can be. She transitioned from the acclaimed group “Destiny’s Child” to...more

4/20/2016 - Celebrities Dilution Trademark Infringement

Trademark and Copyright Law News - March 2016

This edition of Trademark and Copyright Law News is all about big ticket entertainment, sports and fashion events. We've kept busy this winter tracking the intellectual property disputes related to the Oscars, Super Bowl,...more

3/7/2016 - Academy Awards Copyright DMCA Fashion Branding Fashion Design Intellectual Property Protection NFL Sports Star Wars Trademark Infringement Trademarks

Celebrity Trademark Watch: Gift Bag Promoter Not Likely to Thank the Academy for Oscars Trademark Lawsuit

Celebrated film actors have it tough. After all, only two men and two women can take home a “Best” or “Best Supporting” acting Oscar each year. The lucky winners of 2016 will be announced this coming Sunday, February 28,...more

2/23/2016 - Academy Awards Celebrities Gifts Marketing Popular Trademark Infringement Trademarks

Celebrity Trademark Watch: Who Owns Marilyn Monroe’s Image? – Right of Publicity vs. Trademark Rights

In her posthumously published autobiography, My Story, screen legend Marilyn Monroe wrote: “I knew I belonged to the public and to the world, not because I was talented or even beautiful but because I had never belonged to...more

1/19/2016 - Celebrities Lanham Act Name and Likeness Popular Right of Publicity Trademark Infringement Trademarks

I Think That I Shall Never See, Trademark Injunctions If Confusion Is Unlikely

In its recent decision in Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., a case involving claims for breach of contract and trademark infringement, the U.S. Court of Appeals for the First Circuit affirmed a...more

9/8/2015 - Breach of Contract Likelihood of Confusion Preliminary Injunctions Trademark Infringement Trademark Litigation Trademarks

Celebrity Trademark Watch: Can Taylor Swift Shake Off Accusations of Trademark Greed?

Had enough of Taylor Swift yet? For those of you who hate to love her, you might consider Swiftamine, because she is not going anywhere anytime soon. If anything, her media foot print continues to grow. And while one...more

2/11/2015 - Intent-to-Use Music Music Industry Taylor Swift Trademarks

Ninth Circuit (Mostly) Skirts the Issue of Copyright Misuse in Most Recent Omega v. Costco Decision

Sometimes a cigar is just a cigar, as the saying goes. However, things are not always as they appear, and sometimes events unfold in ways you would not anticipate. Such is the case with the Ninth Circuit decision in the...more

1/27/2015 - Copyright Copyright Infringement Costco First Sale Doctrine Omega Retailers

Appearances Aside, “Something More” Still Needed for Trademark Infringement Liability in Keyword Advertising Cases

Search engine optimization is a vital issue for brand owners. When a potential customer searches online for Company A, a well-known brand, Company A naturally wants its own website to be as high in the search results as...more

10/13/2014 - Advertising Google Keyword Advertising Popular Trademark Litigation Trademarks

Hey, These Japanese Mushrooms Aren’t Organic: The Ninth Circuit Addresses the Material Difference Standard in Relation to Produce...

The Ninth Circuit recently issued a decision upholding the lower court’s finding at summary judgment that a U.S. importer of branded, gray market mushrooms infringed upon the rights of the U.S. trademark owner. Gray-market...more

1/13/2014 - Brand Food Labeling Gray Market Goods Infringement Parallel Imports Trademarks

Zombie Trademarks: Are They Really an Undead Threat to Consumers?

From AMC’s white-hot series The Walking Dead to the box office hit World War Z, the fictional zombie apocalypse is on a roll. Be forewarned, however: there may be a real undead threat lurking in your local supermarket or...more


Lady Gaga: She’s No (Copyright) Monster

The federal district court in New Jersey has dismissed Stefani Germanotta, a.k.a. Lady Gaga, from a copyright lawsuit filed by composer and record producer Calvin Gaines. Mr. Gaines alleged in his complaint that his writing...more

5/20/2013 - Copyright Infringement Lady Gaga

Spider-Man Lives to Web-Sling (and Sing) Another Day Following Settlement of Copyright Suit

After infamously departing (i.e., being fired) from the nascent production of the Broadway musical Spider-Man: Turn Off the Dark, acclaimed stage and screen director Julie Taymor filed suit against the show’s producers. As...more

5/3/2013 - Copyright Copyright Infringement

Copyright Owners Left Legally Jet Lagged? – The Supreme Court Embraces the International Exhaustion Doctrine

A multi-year legal drama over the proper scope of certain sections of the U.S. Copyright Act, as applied to goods made and first sold outside the United States, has finally come to an end. In a 6-3 decision issued yesterday,...more

3/20/2013 - Copyright First Sale Doctrine Imports Infringement Kirtsaeng v. John Wiley & Sons SCOTUS Trademarks

Celebrity Trademark Watch: Kardashians Kalled to Kourt?

Kim, Kourtney, and Khloé , the reality-TV triple threat otherwise known as the Kardashians, are going to have to keep up with the federal court in California. The three sisters (not to be confused with Chekhov’s titular...more

1/15/2013 - Infringement Kardashians Trademarks Willful Infringement

Celebrity Trademark Watch: Elizabeth Taylor, Godmother of Celebrity Branding, Is This Year’s Highest Earning Dead Celebrity

The history of celebrity endorsements is over 100 years old, dating back to at least the late 19th century when acclaimed stage actress Lillie Langtry began appearing on packages of Pear’s Soap. Marketers have long known...more

12/3/2012 - Brand Celebrity Endorsements Marketing

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