Daniel McFadden

Daniel McFadden

Foley Hoag LLP

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Pick Your Passion: State’s Trademark May Be Used To Criticize Its Governor

In Dardenne v. MoveOn.org, the Middle Louisiana Federal District Court faced a conflict between trademark protection, on the one hand, and the First Amendment’s protection of political advocacy, on the other. The Court...more

4/15/2014 - First Amendment Likelihood of Confusion MoveOn.org Political Expression Trademarks

Crowd-Sourced Review Website May Incur Lanham Act Liability For Selectively Deleting Reviews

Today’s consumers depend on “crowd-sourced” review websites like Angie’s List and Yelp, which permit users to post and read reviews of goods and services. Businesses feel a corresponding pressure to encourage favorable...more

3/20/2014 - Communications Decency Act Crowdsourcing Lanham Act Online Reviews Yelp

“Ghostman” Claim Dismissed For Failure to Allege Copying and Substantial Similarity

In Kenney v. Warner Bros. Entertainment Inc., No. 13-11068, 2013 WL 6212593 (D. Mass. Nov. 29, 2013), Judge Richard G. Stearns dismissed an action for copyright infringement brought by Michael P. Kenney against the film...more

12/17/2013 - Comics Copyright Copyright Infringement Movies Warner Brothers Entertainment

Sixth Circuit Rules that Trade Dress Law Does Not Prevent Copying of Functional Design

In Groeneveld Transport Efficiency, Inc. v. Lubecore International, Inc., 2013 U.S. App. LEXIS 18897 (6th Cir. Sept. 12, 2013), an industry veteran and a relative newcomer battled over the appearance of a rather specialized...more

9/24/2013 - Functionality Patents Trade Dress

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