Jenevieve Maerker

Jenevieve Maerker

Foley Hoag LLP

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Supreme Court Paves The Way For Lanham Act Claims Against FDA-Regulated Competitors

The Supreme Court issued a unanimous decision last week in Pom Wonderful LLC v. Coca-Cola Co., a case pitting the false advertising provisions of the Lanham Act against the beverage labeling standards of the federal Food Drug...more

6/19/2014 - Advertising Coca Cola False Advertising FDA FDCA Food Labeling Lanham Act POM Wonderful POM Wonderful v Coca Cola Popular

Second Circuit Hints At Possible Google Books Outcome In Finding HathiTrust Digital Library Project Protected As Fair Use

Earlier this week, the Second Circuit issued its ruling in the HathiTrust case, a potential precursor to the long-awaited resolution of the more prominent, and related, Google Books case. The decision upholds the district...more

6/13/2014 - Authors Guild Books Copyright Copyright Infringement Fair Use Google Google Books HathiTrust

Liability Insurer May Have to Cover Knockoff Jewelry Site for Allegedly Violating Reese Witherspoon’s Right of Publicity

Have you always wanted to own “The One Ring to Rule Them All” of Lord of the Rings fame? Do you dream of an engagement ring just like Kate Middleton’s? Your dreams can come true with a visit to Emitations.com, a website...more

3/5/2014 - Copyright Knockoffs Liability Insurance Right of Publicity

A “Deal with the Devil”? Ghost Rider Creator Asserts that Contract Did not Give Marvel Perpetual Ownership of Copyright in Comic...

As we have previously observed, superheroes often take starring roles in disputes relating to copyright protection for fictional characters. This makes sense, as they frequently appear in long-lived series of works in...more

7/31/2013 - Contract Interpretation Copyright Copyright Infringement Ownership of Works

Second Circuit Overturns Class Certification in Google Books Copyright Challenge

Yesterday the Second Circuit issued its decision undoing the District Court’s certification of a plaintiff class in the long-running lawsuit claiming that the Google Books Library Project violates copyright in millions of...more

7/5/2013 - Author's Guild v Google Class Certification Copyright Digital Downloads Fair Use Google Google Books Infringement Writers

Copyright Law Reform Engages Both Courts and Congress

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more

5/22/2013 - Books Class Action Class Certification Copyright DMCA Fair Use Google Infringement Orphan Works YouTube

Viacom’s Copyright Suit against YouTube Again Faces DMCA Roadblocks in the District Court

Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again...more

4/26/2013 - Copyright DMCA Infringement Viacom Viacom v YouTube Willful Blindness YouTube

Superheroes of Copyright: When Do Fictional Characters Enjoy Copyright Protection?

Several recent cases have highlighted the interesting issue of whether and when fictional characters – as distinct from the works they inhabit – are subject to copyright protection. Over the years, courts have developed two...more

3/8/2013 - Batman Copyright DC Comics Sherlock Holmes Superman

YouTube Not Required to Remove “Innocence of Muslims” Video in Response to Actress’s Takedown Notice

Last week a California federal judge declined to enter a preliminary injunction sought by actress Cindy Lee Garcia, which would have required YouTube to remove the 14-minute anti-Islamic film “Innocence of Muslims” that has...more

12/7/2012 - Copyright DMCA YouTube

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