Nicole Kinsley

Nicole Kinsley

Foley Hoag LLP

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Latest Publications


The Devil (and the Copyright) is in the Details

Would-be filmmakers often see the ghostly reflection of their own work in allegedly infringing films that actually get made. With many such copyright claims, the devil is – figuratively – in the details, but in the recent...more

10/28/2015 - Copyright Copyright Infringement Copyright Litigation Film Industry Young Lawyers

TTAB Balks at Parody Argument in Yankees Trademark Case

In honor of Foley Hoag’s new New York office, we here at the Boston office reluctantly present a victory by the New York Yankees — albeit not one won on the baseball diamond. In a trademark opposition that has been...more

6/24/2015 - Dilution Intellectual Property Litigation Parody Trademark Litigation Trademark Trial and Appeal Board Trademarks

Holy Overreach, Batman! Fictional Software Trademark Row Rejected by Supreme Court

When Fortres Grand Corporation saw sales of its software program drop, it blamed – wait for it – Batman. Fortres’ software, called “Clean Slate,” erases user changes to public computers upon reboot, thus returning the...more

2/9/2015 - Batman Dilution Film Industry Likelihood of Confusion Petition for Writ of Certiorari Software Trademark Infringement Trademarks

(You Gotta) Fight for Your Right (to Enforce Your Copyrights!)

The Beastie Boys can look back on 2014 as a year of good copyright outcomes. The preceding years had seen their music used without authorization in two promotional videos, by Goldieblox and Monster Energy, despite the...more

2/2/2015 - Beastie Boys Copyright Copyright Infringement Fair Use GoldieBlox Lanham Act Monster Energy Drinks Music Music Industry

This Porridge is Just Right: Supreme Court Adopts “Zones of Interest” Standing in False Advertising Cases

When we last posted about Lexmark v. Static Control, we expected that the Supreme Court would endorse one of the circuit court tests to determine whether Static Control, the maker of a chip that facilitates printer cartridge...more

3/27/2014 - False Advertising Lexmark v Static Control Components SCOTUS

Painting on a Borrowed Canvas: When Property Rights Collide with Art

While most artists take pride in creating and protecting their works, many graffiti artists remain necessarily (sometimes famously) anonymous, since their art may also constitute criminal vandalism. In contrast to the...more

11/21/2013 - Art Copyright Vandalism

False Advertising: Supreme Court to Decide Who Can Sue

The Supreme Court has recently agreed to hear argument in Lexmark v. Static Control that will strike at the very heart of false advertising jurisprudence by asking who is allowed to bring false advertising claims. The Lanham...more

6/12/2013 - False Advertising Lanham Act Lexmark SCOTUS Standing

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