Foley Hoag LLP - Trademark, Copyright & Unfair Competition

U.S. Krispy Kreme Doughnuts Win 4-0 Over Spanish Donuts

A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in…more
| Civil Procedure, Intellectual Property, International Law & Trade

The PARIS BEACH CLUB Trademark. Get It?

En route to Paris for the spring conference of the Pharmaceutical Trade Marks Group, I am contemplating trying to pay a visit to the PARIS BEACH CLUB. Paris Beach Club! Get it? It’s a joke because, as everyone of course…more
| Civil Procedure, Intellectual Property

Are Your Consumer Contracts Being Invalidated By The Consumer Review Fairness Act?

On March 14, 2017, the Consumer Review Fairness Act (CRFA) will officially invalidate a whole bunch of consumer contract clauses that pertain to online reviews…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Intellectual Property

How To Disparage But Not Defame Your Wedding Planner

It’s March, which means that wedding season is nearly upon us. Let’s say you run your own wedding-related business with one employee: you. A customer gives you a review on the internet that is not only negative, but contains…more
| Communications & Media Law, Personal Injury

Jersey Boys: The Curtain Call For Two Copyright Claims

Last month, the Broadway hit-musical Jersey Boys closed its doors after a spectacular eleven-year run. As someone who hails from the great state of New Jersey and who saw the show twice, I thought it was only appropriate to…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Sexual Harassment Parody Commercial Held Not To Violate Lanham Act

Section 43(a) of the Lanham Act prohibits false or misleading statements in commerce that are likely to cause confusion as to a person’s affiliation, approval or sponsorship of someone else’s commercial activities. Here’s an…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: “probably not,” at least in Massachusetts. But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Personal Injury

L’Élixir De L’Amour: How A 19th Century French Widow Turned Her Trademark Champagne Into A Lifestyle Beverage

Valentine’s Day is upon us yet again. Chances are, you and your sweetheart will find yourselves together in a restaurant on February 14th. Roses may be gifted, chocolate confections may be consumed, and to drink – why, champagne…more
| Intellectual Property

New York Fashion Week: A Lineup of The Most Fashionable Trademark and Copyright Claims

It’s that time of the year again when New York City becomes the most fashionable place on the planet. While I would argue that Manhattan is always fashionable, New York Fashion Week adds a bit of extra excitement, glamour and…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP lawyers…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

Connecting The DOTBLOG: Is Your Trademark Descriptive Or Suggestive?

When you see the name DOTBLOG, what does it mean to you? Is it just a blog about DOTS candy? Or about the painter George Seurat? Maybe it indicates a service that will help you punctuate your blog entries? Ok, probably not, but…more
| Intellectual Property

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
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