Michael Boudett

Michael Boudett

Foley Hoag LLP

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Tacky Victory: Hana Bank allowed to use three different trademarks to gain priority over Hana Financial

In a unanimous ruling, the Supreme Court upheld the Ninth Circuit Hana Financial v. Hana Bank and ruled that the question of “tacking” — whether a party’s prior version of its trademark is so closely similar to the current...more

2/5/2015 - Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademarks

Advertiser Jumps the Gun With Brochure Touting Tests; Fifth Circuit Brushes Off First Amendment Challenge to Lanham Act Claims

Like claims for defamation or commercial disparagement, Lanham Act claims are viable only if they involve statements of fact, rather than opinion. But what happens if an advertising statement concerns an issue that is a...more

1/12/2015 - Advertising Antitrust Litigation Lanham Act Manufacturers Research and Development Subject Matter Experts

Divided TTAB Panel Once Again Finds REDSKINS Trademarks Disparaging

In a ruling sure to generate heated discussion in the sports world, the trademark community and elsewhere, a divided panel of the Trademark Trial and Appeal Board (TTAB) has ruled that six registered marks including the term...more

6/19/2014 - Redskins Trademark Litigation Trademark Trial and Appeal Board Trademarks

Hotel Dispute Gets An Extended Stay in Puerto Rico: First Circuit Case Illustrates the Limits of an Incontestable Registration

In the U.S., a senior user of a trademark can block a junior user within the geographic area of prior use, even if the junior user is the party with an incontestable U.S. federal registration. This is perfectly illustrated...more

9/5/2013 - Hotels Registration Seniority Trademark Holders Trademarks

Another Blow Is Struck Against Monetization of Copyright Enforcement Claims

In a decision issued earlier this month, the Ninth Circuit held that the right to bring copyright claims cannot be transferred without an accompanying transfer of copyright ownership itself....more

5/24/2013

Nike’s Successful Retreat Strategy: Trademark Defendant’s Invalidity Counterclaim Is Moot Following Plaintiff’s Covenant Not to...

Nike, having sued competitor Already LLC for infringing its marks, later issued a covenant not to sue to Already and sought to dismiss the case. Defendant Already, however, had filed a counterclaim seeking a declaration that...more

1/10/2013 - Already LLC Bullying Mootness Nike SCOTUS Trademark Bullying Trademarks

Will the Supreme Court Review Copyright Damages in Music Downloading Case?

Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading...more

12/24/2012 - Copyright Digital Downloads Due Process Infringement Remittitur Statutory Damages

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