David Kluft

David Kluft

Foley Hoag LLP

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10 Copyright Cases Every Fan Fiction Writer Should Know About

If you are a Star Trek fan, the name Axanar has almost certainly crossed your lips or your computer screen recently. Axanar is a film (well, at least a very good trailer aspiring to be a film) set in the Star Trek universe,...more

10/18/2016 - Abstract Ideas Copyright Copyright Litigation Fair Use Paramount Pictures Writers

Hot News, Shredded Wheat and Wool Underwear: Brandeis On Copyright And Trademark

October 9 marks the 100th anniversary of Louis Brandeis’ first session as a justice of the Supreme Court of the United States (October 9, 1916 was the second Monday in October – in 1917, the Court began meeting on the first...more

10/5/2016 - Associated Press Cease and Desist Orders Copyright Infringement Copyright Litigation FTC Kellogg Company Misbranding The Copyright Act Trademark Infringement Young Lawyers

Advertising Through Social Media: Ten Tips For FTC & NAD Compliance

Most modern advertising campaigns include social media components. In fact, it is not uncommon today to see products advertised exclusively on social media. For the most part, the same rules that govern traditional...more

9/22/2016 - Advertising COPPA Endorsements False Advertising FTC Hashtags NAD Popular Social Media Trademark Infringement

Don’t Think About Copyright Law on Labor Day

Labor Day is the wrong time to think about copyright law, especially in 2016, because this year marks the twenty fifth anniversary of the Supreme Court’s decision in Feist Publications v. Rural Telephone Service, 499 U.S. 340...more

9/6/2016 - Copyright Copyright Clause Copyright Infringement Originality The Copyright Act

The London Omnibus And its Impact on U.S. Trademark Law

If you are traveling to London in August (as I am right now), you don’t have to go far before you start soaking in this great city’s contribution to trademark law. In fact, the very first thing many tourists encounter when...more

8/19/2016 - Trademarks UK Young Lawyers

Miss Trademark USA: Beauty Pageant Naming Disputes

Just this month, two disputes over the trademark rights to beauty pageant names were resolved, pending appeal. In World Pageants LLC v. Miss G-String International LLC, the Trademark Trial and Appeal Board (“TTAB”) dismissed...more

8/10/2016 - Beauty Pageants Likelihood of Confusion Popular Preliminary Injunctions Trademark Infringement Trademark Trial and Appeal Board Trademarks

Harry Potter And The Cursed Legal Update

It has been about a year since we published Harry Potter Lawsuits and Where to Find Them, my attempt at a comprehensive review of Harry Potter-related litigation. Why update the article now? Two reasons. First: The...more

7/27/2016 - Books CARU Copyright Copyright Infringement Criminal Prosecution Film Industry Patents Popular Twentieth Century Fox Young Lawyers

The Pleads Of The Many: 50 Years of Star Trek Lawsuits

This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases...more

7/19/2016 - Advertising Books CARU Copyright Infringement Copyrights False Advertising Likelihood of Confusion Misbranding Paramount Pictures Popular Public Domain Screenplays Star Trek Television Shows Trademark Infringement Trademark Trial and Appeal Board Trademarks Young Lawyers

The Death Of Alexander Hamilton And The Birth Of The American Free Press

Alexander Hamilton has more to do with American independence than you might think. His efforts as a Founding Father (the hottest Founding Father on Broadway, it should be noted) helped the United States achieve political...more

7/1/2016 - Criminal Prosecution Defamation Defense of Truth Free Speech Journalism Legal History Libel Popular Sedition Young Lawyers

Grapes, Girls and Goddesses: Federal Circuit Affirms MAYARI Trademark Registration For Wine

In our annual Trademark Year in Wine and Beer, we discussed Oakville Hills Cellar v. Georgallis Holdings LLC, in which the application of Georgallis (doing business as Kissos Wines) to register MAYARI for wine was opposed by...more

6/27/2016 - Appeals Evidence Likelihood of Confusion Trademark Registration Trademark Trial and Appeal Board Trademarks Wine & Alcohol

When Is Internet Speech Protected Petitioning Activity? Federal Court Grants Anti-SLAPP Motion In FIRE CIDER Trademark Suit

On May 12, 2016, the District of Massachusetts held that that an online campaign in support of the cancellation of a registered trademark (FIRE CIDER) was protected petitioning activity, even though the campaign was organized...more

5/31/2016 - Anti-SLAPP Attorney's Fees Defamation First Amendment Internet Speech Trademark Infringement Trademark Registration Trademarks

First Circuit Affirms FTC Social Media Order: Jerk.com users Jerked Around By Material Misrepresentations

In Fanning v. Federal Trade Commission, the First Circuit affirmed a summary decision of the Federal Trade Commission (FTC), which found that Jerk LLC, the operator of Jerk.com, materially misrepresented both the source of...more

5/23/2016 - Cease and Desist First Amendment FTC FTC Act Jerk Material Misrepresentation Napster Social Media Unfair or Deceptive Trade Practices Young Lawyers

Alcohol Trademarks of the 1800’s: California Uncorks the Past

For the last two years, we have published the Trademark Year in Wine and Beer, a catalogue of each year’s trademark disputes in the alcoholic beverage industry. That is why we were extra excited on April 21, 2016 when the...more

5/9/2016 - Beer Breweries Trademarks Wine & Alcohol Wineries Young Lawyers

Shakespeare and Copyright: 5 Things You Should Know

Last year, I made a terrible mistake. When I published Harry Potter Lawsuits and Where to Find Them on this blog, I pronounced that “Ms. Rowling and her works pop up in court more than any author since Charles Dickens.” I...more

4/12/2016 - Copyright Copyright Infringement Movies Popular Publishers Writers Young Lawyers

The First Circuit’s “Scungy” Backpage: Copyright And Right Of Publicity Claims Ineffective Against Sex Trafficking

In Doe v. Backpage.com, the First Circuit affirmed the District of Massachusetts in holding that Section 230 of the Communications Decency Act (CDA) shields from civil liability a website used by third parties to facilitate...more

4/4/2016 - Advertising Backpage.com Communications Decency Act Copyright Infringement Photographs Section 230 Sex Trafficking Trafficking Victims Protection Act of 2000 Websites Young Lawyers

Skippy Still Hates Peanut Butter: TTAB Denies Petition To Cancel 1947 Trademark Registration . . . Again

Two years ago in March, in honor of National Peanut Month, we recounted the truly epic struggle for the SKIPPY mark between the once-iconic cartoon character and the still-iconic peanut butter brand. The story began nearly 90...more

3/21/2016 - Cartoons Corporate Branding Corporate Counsel Fraud Trademark Infringement Trademark Trial and Appeal Board Trademarks Young Lawyers

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

Justice Scalia on Trademark and Copyright: Dastar, Penguin-Shaped Cocktail Shakers and “Guilt by Resemblance”

When we decided to mark the passing of Justice Antonin Scalia by recounting a few of his copyright and trademark opinions, we were somewhat surprised to discover that there really hadn’t been that many. In fact, we located...more

2/22/2016 - Antonin Scalia Copyright Copyright Infringement Corporate Counsel False Advertising Gray Market Goods Jury Trial Justice Scalia Lanham Act Seventh Amendment Tariff Act of 1930 Television Broadcast Stations The Copyright Act Trademarks Young Lawyers

Why President Lincoln Put the Civil War on Hold to Extend Copyright Protection to Photographs

We’ve taken advantage of past Presidents Days to recount George Washington’s role in the history of U.S. Copyright law, specifically the birth of fair use. That role was not insubstantial, but it was posthumous and,...more

2/15/2016 - Abraham Lincoln Copyright Intellectual Property Protection Journalism Photographs Political Campaigns Popular Young Lawyers

Sue-per Bowl Shuffle II: The Year in NFL-Related Intellectual Property Litigation

Around this time last year, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those IP-ish lawsuits that I’m supposed to know about. So...more

2/2/2016 - Corporate Counsel Design Patent Excessive Force First Amendment Intellectual Property Protection NFL Popular Redskins Right of Publicity Super Bowl The Copyright Act Trademark Litigation Young Lawyers

Star Wars Copyright and Trademark Litigation: The Empire Sues Back

Haven’t seen the new Star Wars movie yet? The pop culture zeitgeist recommends that you binge-watch all six of the prior Star Wars movies before going to see Episode VII, The Force Awakens and, according to the Washington...more

1/12/2016 - Copyright Infringement Likelihood of Confusion Popular Star Wars Trademark Infringement Young Lawyers

The Twelve Res of Christmas: Yule-Themed IP Matters in 2015

It is often said Christmas is creeping ever-backwards, each year striving to begin its domination of our collective consciousness and consumer dollars at an earlier date. In the realm of litigation, Christmas creep manifests...more

12/15/2015 - Copyright Copyright Infringement Domain Names False Advertising Patents Trademark Infringement

A Trademark Year in Wine and Beer 2015: Our Holiday Buyer’s Guide to Disputed Beverages

Just in time for the holiday season, we present our second annual Trademark Year in Wine and Beer. Whether you are planning a holiday party or just having some friends over, you are probably in the market for some liquid...more

12/1/2015 - Beer False Advertising Popular Trademark Litigation Trademark Trial and Appeal Board UDRP Wine & Alcohol Young Lawyers

The Genericide of the Turkey Stick: Another Thanksgiving Trademark Tale

For the past few years, the Trademark and Copyright Law Blog has marked Thanksgiving with a note about the history of turkey trademarks. Last year, we discussed the ownership of GOBBLE GOBBLE, and before that we told you why...more

11/24/2015 - Genericide Trademark Infringement Trademark Opposition Proceedings Trademark Trial and Appeal Board Trademarks

Authorship Credit for Scholarly and Creative Works: The Elusive American Attribution Right

What if were to tell you that I jointly authored this article with a colleague, but that I’m not going to give her any credit or attribution because I don’t feel like it? Can she sue me for copyright infringement? No, because...more

11/11/2015 - Authorship Copyright Copyright Infringement Intellectual Property Protection Right of Attribution

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