David Kluft

David Kluft

Foley Hoag LLP

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A Trademark Year in Wine and Beer: Our 2014 Holiday Buyer’s Guide to Disputed Beverages

If you are hosting or attending a party this holiday season, you probably need to pick up something to drink. This year, why not pick up a conversation starter as well? See if your local liquor store (in our neck of the...more

12/8/2014 - Beer Domain Names Infringement Likelihood of Confusion Personal Jurisdiction Popular Trademarks Wine & Alcohol

Federal Government Wins Trademark Battle to Shut Down “Voice of America” Website with “Undeniable Governmental Aesthetic”

Since its first broadcast on February 1, 1942, the Voice of America radio service (VOA) has aired countless hours of programming in dozens of languages to what is currently an estimated global audience of over 100 million...more

11/17/2014 - Domain Names Fair Use Infringement Laches Likelihood of Confusion Popular Trademarks Voice of America

Political Ad’s Use of Trademark until Election Day Not Infringement

On October 28, 2014, Judge Paul Grewal of the Northern District of California ruled that a political advocacy website’s confusing use of the mark CHOOSE ENERGY could stay up . . . but perhaps only until election day....more

11/4/2014 - Advertising Infringement Political Campaigns Trademarks

When Can You Be Sued For Introducing Copyrighted Works At Trial? Almost Never, But Plaintiffs Keep Trying

Professor Nimmer once identified the “weakest infringement claims of all time” as those involving attempts by copyright holders to prevent their copyrighted work from being used as evidence against them in court. “It seems...more

8/25/2014 - Copyright Copyright Infringement Evidence Infringement

Are “Concurrent Damages” A Good Idea For Copyright Law?

About a year ago, we wrote about the final chapter in the copyright saga of Joel Tenenbaum, the Boston University student who was found liable for copyright infringement by a District of Massachusetts jury, based on his...more

7/29/2014 - Copyright Copyright Infringement Infringement Willful Infringement

“Big Chocolate” Gets Injunction Against Whack-A-Mole Senator; Trademark “Services” Include Political Activities

Last week, Judge William Quarles of the District of Maryland issued an injunction preventing Maryland Republican State Senator Steve Hershey from using his own campaign literature. The case was brought by the Hershey...more

7/21/2014 - Corporate Counsel Hershey Chocolate Company Infringement Political Campaigns Popular Trade Dress Trademark Litigation Trademarks

Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims...

Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims of All Time”? In April 2012, we reported on four copyright lawsuits filed by the American...more

3/31/2014 - Copyright Copyright Infringement Infringement Prior Art

Rolling with the Punches: A Blow-by-Blow Account of the Supreme Court’s Copyright Laches Case

At some point, a legal claim is just so old and stale that it’s unfair to allow the plaintiff to bring it. The statute of limitations and the doctrine of laches are two different solutions to this same problem. The former...more

10/8/2013 - Copyright Infringement Laches Movies SCOTUS Statute of Limitations

Madden Football Copyright Verdict Under Booth Review

Electronic Arts, Inc. (“EA”), owner of the $4 billion John Madden Football videogame franchise, thought it had a pretty good defense when Robin Antonick filed suit in the Federal Court for the Northern District of California,...more

9/26/2013 - Copyright Electronic Arts Expert Testimony Football Infringement Software Source Code Video Games

First Circuit Affirms $675,000 Award Against Joel Tenenbaum: Gore Test Does not Apply to Statutory Damages under Copyright Act

This week, the First Circuit affirmed a $675,0000 statutory damages award against college student Joel Tenenbaum for copyright infringement. The Court held that the damages award, based on Tenenbaum’s illegal downloading and...more

6/27/2013 - Copyright Due Process Infringement Punitive Damages Statutory Damages The Copyright Act

“Be fruitful and multiply . . . but not in those words”: How much good faith is required when giving birth to a DMCA takedown...

Section 512 of the Digital Millennium Copyright Act (DMCA) provides copyright owners with the ability to demand that Internet Service Providers (ISPs) remove unauthorized copies from the internet. This can be a powerful...more

6/19/2013 - Copyright DMCA Infringement ISPs Takedown Notices

Georgia State University Copyright Update: Publishers Appeal to 11th Circuit

Approximately a year ago, Judge Orinda Evans of the Federal District Court for Northern Georgia held that the electronic reserves practices of the library at Georgia State University (“GSU”) were, for the most part, fair use...more

5/28/2013 - Copyright Fair Use Infringement Publishers Textbooks Universities

Admissions of “Appropriation Artist” Not Fatal to Copyright Fair Use Defense

The first prong of the fair use defense in copyright infringement cases, the “purpose and character of the use,” is often described as an inquiry into whether the allegedly infringing work is “transformative.” In other words,...more

4/30/2013 - Copyright Fair Use Infringement Transformativeness

A Far Cry from the Same Injury: Judge Rebuffs Class Action Against Copyright “Settlement Fraud”

Ever since the entertainment industry figured out how to use IP addresses to bring copyright infringement lawsuits against illegal downloaders, defendants and critics have been calling these plaintiffs “trolls”. But...more

3/29/2013 - Class Action Class Certification Copyright Copyright Trolls Infringement USCG

WINTER . . . I MEAN PRINTER . . . IS COMING: Game of Thrones Alleges Copyright Infringement by 3D Printer IPhone Dock

The inner twelve-year old boy in me doesn’t know which is cooler: the throne made entirely from swords for HBO’s Game of Thrones series, or the fact that 3D printer technology can now replicate that throne in my home at the...more

2/22/2013 - Additive Manufacturing Cease and Desist Copyright HBO Infringement Lanham Act

Dissecting Mr. Rockefeller: First Circuit Rejects Copyright Infringement Claim Based on Unoriginal Elements of News Photograph

Clark Rockefeller, aka Christian Karl Gerhartsreiter, lived a double life until his conviction for child abduction in 2009. He was subsequently charged with an unrelated murder in California, and that trial is set to begin...more

1/18/2013 - Copyright Infringement Photographs Rockefeller Substantially Similar

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