Foley Hoag LLP - Trademark, Copyright & Unfair Competition

Copyright Law: The Silent © in Same-Sex Marriage

Last week, the focus of the legal world was not on intellectual property, to put it mildly. However, copyright law did have a small and somewhat silent, but still important, role in the Supreme Court jurisprudence that led to…more
| Art, Entertainment, & Sports Law, Constitutional Law, Intellectual Property

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 underway…more
| Intellectual Property

5 Things You May Not Know About Trademarks in France

Foley Hoag was recently delighted to announce the arrival of two IP attorneys to our Paris office, Catherine Muyl and Alice Berendes. We asked them to tell us a few things we may not know about trademarks in France. Here they…more
| Intellectual Property

Political Speech, Trademarks And The Definition of “Goods or Services”

Last month witnessed the resolution of two trademark infringement cases involving the relationship between political activities and the definition of “goods or services.” On May 18, 2015, State Senator Steve Hershey gave up his…more
| Elections & Politics, Intellectual Property

Pretzel Logic: Federal Circuit holds that TTAB Failed to Consider Mark as a Whole

An application to register PRETZEL CRISPS as a mark will live another day, thanks to a Federal Circuit opinion reversing a TTAB decision that had canceled the mark on grounds of genericness…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Digilante Justice: Defamation By Camera Phone

Earlier this month, a man in Melbourne, Australia decided to take his very first selfie next to a Darth Vader poster at a local shopping center. A nearby shopper mistakenly thought that the man was taking pictures of her young…more
| Communications & Media Law, Personal Injury

“Hollywood Circuit” Court Issues En Banc Decision in Garcia v. Google: No Copyright Protection for Fleeting Dramatic Performance

On May 18, 2015, the Ninth Circuit sitting en banc vacated its prior decision in Garcia v. Google. The prior decision, authored by Judge Alex Kozinksi, controversially held that an actress had standing to issue a DMCA takedown…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Eleventh Circuit Mops the Floor With Invalidity Ruling: Faux-Hardwood Gets Copyright Protection

Last year, the District Court in Home Legend v. Mannington Mills gave three reasons for its holding that the designs on faux-hardwood flooring material, which are intended to look like real maple floors, were not subject to…more
| Construction Law, Intellectual Property

INTA.sucks: Brand Prophylaxis or Trademark “Protection” Racket?

I’m back from the International Trademark Association (INTA) Annual Meeting in beautiful (if a bit cloudy and windy) San Diego, which featured the usual array of client meetings, networking with counsel from around the world,…more
| Communications & Media Law, Intellectual Property, International Law & Trade

Top Eight Things You Should Know About the Hague System For International Registration of Designs

U.S. applicants will soon be able to use a streamlined international filing procedure for design patents similar to the Madrid Protocol for trademark registrations. Currently, U.S. applicants seeking to protect designs in…more
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff…more
| Civil Remedies, Communications & Media Law, Personal Injury, Intellectual Property, Science, Computers, & Technology

Carta de Error! Copyright Takedown Notice To iTunes May Give Rise to Misrepresentation Liability

Section 512(f) of the Digital Millennium Copyright Act makes parties who issue copyright takedown notices liable for any “knowing” misrepresentations in those notices. However, the Ninth Circuit in Rossi v. Motion Picture Ass’n…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Business Torts, Intellectual Property

Supreme Court’s B&B Hardware ruling creates the potential for court deference to the TTAB — but will it happen?

Did TTAB proceedings — until now considered a relatively obscure branch of IP litigation, conducted before an administrative body of which most attorneys are blissfully unaware — just assume greater importance? That seems to…more
| Administrative Law, Civil Procedure, Intellectual Property

Three’s Company But Two’s a Crowd: Theatrical Parodies of Copyrighted Works

In our Oscar litigation post a few weeks ago, we made a passing reference to MGM v. Showcase Atlanta Coop. Prods., Inc., 479 F.Supp. 351 (N.D. Ga. 1979). In that case, the Northern District Court of Georgia held that the play…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

No Purchase Necessary: Six Tips for Making Sure Your Online Prize Promotion is not an Illegal Lottery

The Federal Trade Commission’s recent $9.5 million judgment against sweepstakes operator Crystal Ewing is a stark reminder that prize promotions remain fertile ground for regulatory scrutiny both on the state and federal level. …more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection
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Contact

Seaport West 155 Seaport Boulevard
Boston, MA 02210-2600, United States

Contact: Audra Callanan

  • 617-832-1000
  • 617-832-7000

Areas of Practice
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