Foley Hoag LLP - Trademark, Copyright & Unfair Competition

Aw, Tartar Sauce! Is the Krusty Krab Restaurant Trademark A CopyBob DittoPants?

With some cases, you just shake your head. In this case, a restaurant purveyor thought it would be okay to open a restaurant by the name of the “Krusty Krab.” For those of you who have no reason to have been watching cartoons…more
| Art, Entertainment, & Sports Law, Intellectual Property

Charles Dickens And Copyright Law: Five Things You Should Know

One hundred and seventy five years ago, on January 22, 1842, Charles Dickens first set foot in America, specifically in Boston, after a twenty day steamship voyage from Liverpool. Dickens, only a few days shy of his thirtieth…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property, International Law & Trade

Trademark Red Tape: Comeuppance For Trademark Con-Artists

January 2017 - Happy holidays and welcome to the 2017 New Year edition of Trademark Red Tape, our periodic round-up of trademark news and happenings at the United States Patent & Trademark Office. Here are the…more
| Intellectual Property

Trademark Year In Review And What Lies Ahead: The Lanham Act’s New Year’s Resolutions For 2017

2016 is now in the rear view mirror. At the beginning of a new year, we often take a moment to reflect on the past year, while setting goals for the present. It’s a time to say, “Last year had its ups and downs, but this year…more
| Civil Procedure, Constitutional Law, Intellectual Property

The Avant-Garde Nun Who Created The World’s Largest Copyrighted Work Of Visual Art

We are approaching the end of holiday travel season and you have likely been a visitor or had visitors over the past several weeks. If in your travels you’ve had cause to drive along interstate Route 93 just south of Boston,…more
| Art, Entertainment, & Sports Law, Intellectual Property

Can “Merry Christmas” Be A Trademark For Christmas Wrapping?

In 1905, the owners of Smith & Kaufman, Inc., a ribbon & silk company in New York, hit upon an idea. Wouldn’t it be great, they thought, if we made a red holiday ribbon for wrapping Christmas presents, with the words “Merrie…more
| Civil Procedure, Intellectual Property

French Justice In A California Court: Copyright, Picasso And The “Astreinte”

The peoples of France and the United States tend to view things very differently — Jerry Lewis, berets and processed cheese food, to name just a few. Law sometimes transcends this divide – for example, French and American…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property, International Law & Trade

A Trademark Year In Wine And Beer 2016: Our Holiday Buyer’s Guide To Disputed Beverages

Just in time for the holiday season, we present our third annual Trademark Year in Wine and Beer, a wrap-up of alcohol-related trademark and trademark-ish disputes dating back to December 2015, when we published our last…more
| Civil Procedure, Intellectual Property

A Tale Of Two Hats: Trademark “Use In Commerce” Expanded In A Potentially Game-Changing Decision

Our readers no doubt understand that trademark use is the basis for trademark protection in the U.S. But all use is not created equal, and sometimes it’s not so easy to tell whether a trademark is actually used in a manner…more
| Civil Procedure, Intellectual Property

A Difference With A Distinction: The Second Circuit Upholds Preliminary Injunction In Parallel Imports Case

In Abbott Laboratories, et al. v. H&H Wholesale Services, Inc., et al., the United States Court of Appeals for the Second Circuit affirmed a preliminary injunction issued in a trademark case focused on the parallel importation…more
| Commercial Law & Contracts, Intellectual Property, International Law & Trade

Opportunism Knocks: The (Likely) Futility Of “ZIKA” Trademark Applications

As an intellectual property attorney, I find the phenomenon of trademark opportunism to be a curious, and sometimes amusing, thing. (I don’t get out much.) As soon as a distinct word, phrase, sound bite, or concept emerges in…more
| Intellectual Property

Hurray For HOLLYWOOD (Florida)! -The Motion Picture Capital’s Distant Cousin

I am headed to Hollywood. As much fun as it would be to report that I am leaving the work-a-day world behind to try and make it in moving pictures, the silver screen will have to wait. I am actually going to the International…more
| Intellectual Property

“I’m With the Band”: Boston Guitarist Can Call Himself “Former Original Member” Without Infringing Trademark

Last week, a federal jury in Boston found that Barry Goudreau, a guitarist who played in an early incarnation of the rock band Boston, did not infringe trademark rights in the band’s name by allowing himself to be identified as…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Copyright Office Ditches Paper And Announces Electronic Renewal Requirement For DMCA Designated Agents

Since the enactment of the Digital Millennium Copyright Act (“DMCA”) in 1998, online service providers wishing to avail themselves of the DMCA’s safe harbors (from liability for copyright infringement) have been required to…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, International Law & Trade
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