David Kluft

David Kluft

Foley Hoag LLP

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Ninth Circuit Extends Octane Fitness Attorneys’ Fee Analysis To Lanham Act Cases

In the 2014 case of Octane Fitness, LLC v. Icon Health & Fitness, Inc. (and a companion case), the Supreme Court articulated a standard for courts to use when deciding whether to award attorneys’ fees in patent cases. As we...more

11/1/2016 - Attorney's Fees Lanham Act Octane Fitness v. ICON Patent Litigation Patents Prevailing Party The Patent Act 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

Political Speech, Trademarks And The Definition of “Goods or Services”

Last month witnessed the resolution of two trademark infringement cases involving the relationship between political activities and the definition of “goods or services.” On May 18, 2015, State Senator Steve Hershey gave up...more

6/2/2015 - First Amendment Hersheys Lanham Act Trade Dress Trademark Infringement Trademark Litigation Trademarks Young Lawyers

Ninth Circuit Allows Delinquent Corporation To Sue And Own Trademarks

In Southern California Darts Association v. Zaffina, the Ninth Circuit held that a corporation, whose charter had been suspended by the state of California in 1977, had standing in 2012 to sue and to own trademarks as an...more

8/20/2014 - Corporate Charters Delinquency Status Lanham Act Standing Trademarks

How Not To Market Your Business Online (Even If It Works): Claims Against Fake Review Sites And Stolen Obituary Photos Survive...

Despite celebrity endorsements from the likes of Dennis Miller and Alan Thicke, all that glitters isn’t gold when it comes to the marketing of precious metal investments. In March 2014, American Bullion, Inc., which is in the...more

8/12/2014 - Advertising Celebrity Endorsements Copyright Endorsements Fake Reviews False Advertising Lanham Act Motion to Dismiss Online Reviews Popular

Bait-And-Switch Trademark Case Defines Limits Of Initial Interest Confusion

In its recent decision in Sussman-Automatic v. Spa World, the Eastern District of New York dismissed a plaintiff’s trademark infringement claims, while allowing its claims for false advertising based on the same conduct to...more

5/13/2014 - False Advertising Lanham Act Likelihood of Confusion Trademark Litigation Trademarks

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

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