Foley Hoag LLP - Trademark, Copyright & Unfair Competition

Of Slants, Skins And Signs: The March To The Supreme Court

This week saw developments in the two cases challenging the application of Section 2(a) of the Lanham Act to their registration: In re Tam and Blackhorse v. Pro Football, Inc…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

Celebrity Trademark Watch: Beyoncé Sues Feyoncé and Fame is the Name of the Game

Beyoncé Giselle Knowles-Carter, known to most as simply Beyoncé, and as “Bey” to those who like to pretend they know her, is about as famous as one can be. She transitioned from the acclaimed group “Destiny’s Child” to become…more
| Art, Entertainment, & Sports Law, Intellectual Property

Was Shakespeare “Sometimes Like a Lawyer”? Legal Writing With The Bard

William Shakespeare breathed his last on April 23rd, 1616, so this April 23rd marks 400 years since his death. It is also, supposedly, his 452nd birthday. Putting aside the oft-silly conspiracy theories and multitudinous…more
| Intellectual Property

FDA Issues Final Guidance on Proprietary Names for Drugs and Biological Products

The Food and Drug Administration (FDA) has finalized guidance for industry describing the agency’s evaluation process for proposed proprietary names for drug and biological products. The guidance applies to all prescription and…more
| Health, Intellectual Property, Science, Computers, & Technology

Shakespeare and Copyright: 5 Things You Should Know

Last year, I made a terrible mistake. When I published Harry Potter Lawsuits and Where to Find Them on this blog, I pronounced that “Ms. Rowling and her works pop up in court more than any author since Charles Dickens.” I missed…more
| Art, Entertainment, & Sports Law, Intellectual Property

The First Circuit’s “Scungy” Backpage: Copyright And Right Of Publicity Claims Ineffective Against Sex Trafficking

In Doe v. Backpage.com, the First Circuit affirmed the District of Massachusetts in holding that Section 230 of the Communications Decency Act (CDA) shields from civil liability a website used by third parties to facilitate the…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Of Slants, Skins and Signs: No Relief For Trademark Applicant Until Supreme Court Weighs In

As part of our continuing monitoring of this issue, we bring you the latest chapter in the saga over the registration of THE SLANTS trademark. After the en banc Federal Circuit struck down Section 2(a) as facially…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

CARRERA’s Trademark Reputation: “Luxury, High Tech, High Performance and Success”

The German carmaker, Porsche AG, which designed the iconic 911 Carrera sports car, owns the European Union and German “CARRERA” word mark, registered for “automobiles” in class 12. How far beyond automobiles does the protection…more
| Administrative Law, Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

Skippy Still Hates Peanut Butter: TTAB Denies Petition To Cancel 1947 Trademark Registration . . . Again

Two years ago in March, in honor of National Peanut Month, we recounted the truly epic struggle for the SKIPPY mark between the once-iconic cartoon character and the still-iconic peanut butter brand. The story began nearly 90…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Adidas To Trademark Competitors: ‘Two Stripes, You’re Out’

Last month, a U.S. district court in Oregon granted Adidas’ motion for a preliminary injunction against U.S. footwear company Sketchers USA Inc., blocking Sketchers from selling, among other sneakers, a 3-stripe sneaker design…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property, International Law & Trade

Trademark Red Tape: Disparaging Marks And TTAB Tidbits

Welcome to Trademark Red Tape, our periodic round-up of trademark news and happenings at the United States Patent & Trademark Office. Here are the highlights: - A Time-Out for Offensive Trademarks. According to IP…more
| Civil Procedure, Communications & Media Law, Intellectual Property

The Coca-Cola Bottle In Europe: No Fluting, No Distinctiveness

Three-dimensional trademarks have given rise to some interesting European Community decisions in the last several months (see, for example, our comments on the Kit Kat and Lego decisions). A decision rendered last week by the…more
| Civil Procedure, Intellectual Property, International Law & Trade

Trademark and Copyright Law News - March 2016

This edition of Trademark and Copyright Law News is all about big ticket entertainment, sports and fashion events. We've kept busy this winter tracking the intellectual property disputes related to the Oscars, Super Bowl, Star…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Texas Film Commission Permitted to Slice and Dice Financial Incentives to Machete Films

It’s been a disappointing few months for Machete, Danny Trejo’s “Mexploitation” character created by Robert Rodriguez. After making powerful enemies in Mexico, former Federale Machete found himself a day laborer and vigilante…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Constitutional Law, Elections & Politics, Finance & Banking

Celebrity Trademark Watch: Gift Bag Promoter Not Likely to Thank the Academy for Oscars Trademark Lawsuit

Celebrated film actors have it tough. After all, only two men and two women can take home a “Best” or “Best Supporting” acting Oscar each year. The lucky winners of 2016 will be announced this coming Sunday, February 28,…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property
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