Foley Hoag LLP - Trademark, Copyright & Unfair Competition

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

Defamation Takes A Holiday: Slander And The Salem Witch Trials

Hypothetical: You go out for a nice stroll one Halloween only to have a neighbor emerge from his house with a pitchfork and accuse you of being a witch in front of the whole village. For the sake of argument, let’s say you are…more
| Civil Procedure, Communications & Media Law

10 Copyright Cases Every Fan Fiction Writer Should Know About

If you are a Star Trek fan, the name Axanar has almost certainly crossed your lips or your computer screen recently. Axanar is a film (well, at least a very good trailer aspiring to be a film) set in the Star Trek universe,…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Happy Birthday To Me: An Iconic Song Enters The Public Domain After Copyright Settlement

As I turn 50 years old this week, I can’t help but think of the famous Happy Birthday song and the class action that resulted in its entering the public domain earlier this year. The class action plaintiffs in that case filed a…more
| Civil Procedure, Intellectual Property

Hot News, Shredded Wheat and Wool Underwear: Brandeis On Copyright And Trademark

October 9 marks the 100th anniversary of Louis Brandeis’ first session as a justice of the Supreme Court of the United States (October 9, 1916 was the second Monday in October – in 1917, the Court began meeting on the first…more
| Civil Procedure, Intellectual Property

District Court Denies Motion To Dismiss In Popcorn App Copyright Fight

This summer, the competition for popcorn popping mobile apps heated up as the creators of “Perfect Popcorn” and “iMunchies” battled over copyright infringement claims. On July 18, 2016, a judge in the Northern District of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Of Slants, Skins And Signs: The Supreme Court Grants Certiorari

We have been following the course of In re Tam as it has progressed through the PTO and the courts. To recap, at issue is whether Section 2(a) of the Lanham Act, which prohibits the registration of marks that may disparage…more
| Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Intellectual Property

Trademarks in Telemark: Five Brands and Other Things to Look For at PTMG in Oslo

I am excited to be traveling to Norway next week to attend my first conference of the Pharmaceutical Trade Marks Group in Oslo. Not having been to PTMG before, I can’t offer much insight on the conference, but since I lived in…more
| Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

European Court Of Justice: Linking To Playboy Pics May Infringe Copyright

On September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology
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