Foley Hoag LLP - Trademark, Copyright & Unfair Competition

Harry Potter And The Cursed Legal Update

It has been about a year since we published Harry Potter Lawsuits and Where to Find Them, my attempt at a comprehensive review of Harry Potter-related litigation. Why update the article now? Two reasons. First: The long-awaited…more
| Art, Entertainment, & Sports Law, Intellectual Property

MACCOFFEE Found Likely To Ride Coat-Tails Of McDonald’s EU ‘Mc’ Family Of Trademarks

On July 5, 2016, the European General Court rendered an interesting decision illustrating the broad protection enjoyed by those trademarks with “a reputation in the EU.”…more
| Civil Remedies, Communications & Media Law, Intellectual Property, International Law & Trade

The Federal Trademark Statute Assumes Hillary Can’t Win

Today’s example of unintentional sexism comes to us from Section 2(c) of the Lanham Act. On its face, the language of the statute assumes that someone other than Hillary will win the 2016 presidential election – and it won’t be…more
| Civil Rights, Communications & Media Law, Elections & Politics, Intellectual Property

The Pleads Of The Many: 50 Years of Star Trek Lawsuits

This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases the…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Bastille Day Fireworks and Copyright

Bastille Day is a French national holiday that commemorates the storming of the Bastille on July 14, 1789, an important episode in the French Revolution. Each year, Paris celebrates the day with an elaborate military parade down…more
| Intellectual Property

Trademark Red Tape: Post-Registration Proof Pilot To Go Permanent

USPTO Red TapeRegular readers of the Trademark and Copyright Law Blog and our Trademark Red Tape™ column may recall our previous report on a pilot study by the United States Patent & Trademark Office (PTO) about…more
| Intellectual Property

The Death Of Alexander Hamilton And The Birth Of The American Free Press

Alexander Hamilton has more to do with American independence than you might think. His efforts as a Founding Father (the hottest Founding Father on Broadway, it should be noted) helped the United States achieve political…more
| Communications & Media Law, Constitutional Law, Criminal Law, Elections & Politics, Personal Injury

A Brexit Primer for Trademark Owners

On June 23, the citizens of the UK voted Yes to the question “Should the UK leave the European Union?” Here are some answers to questions that we are hearing from trademark owners…more
| Intellectual Property, International Law & Trade

Grapes, Girls and Goddesses: Federal Circuit Affirms MAYARI Trademark Registration For Wine

In our annual Trademark Year in Wine and Beer, we discussed Oakville Hills Cellar v. Georgallis Holdings LLC, in which the application of Georgallis (doing business as Kissos Wines) to register MAYARI for wine was opposed by…more
| Communications & Media Law, Intellectual Property

Brexit: Potential Consequences For European Union Trademarks

In a few hours, citizens of the United Kingdom will have to answer Yes or No to the question: “Should the United Kingdom remain a member of the European Union or leave the European Union?” A lot has been said on the…more
| Elections & Politics, Intellectual Property, International Law & Trade

Objective Reasonableness Can Be Central to Fee-Shifting Analysis in Copyright Cases

In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court clarified the test for awarding attorney’s fees when applying the Copyright Act’s discretionary fee-shifting provision, 17 U.S.C. § 505. The Court held that the…more
| Civil Procedure, Civil Remedies, Intellectual Property

Eat Your Art Out: Intellectual Property Protection for Food

Let’s face it, we live in a food-crazed world. Our current preoccupation with food has less to do with eating it; we also are fascinated with looking at it. Posting photos of food on Instagram is now a universal pastime. Food…more
| Communications & Media Law, Intellectual Property

Eight is Not Enough: Second Circuit Adopts Eleven Factor Nominative Fair Use Test in Certification Mark Case

International Information Systems Security Certification Consortium (known as ISC2) is a non-profit organization that owns a registered certification mark for the term CISSP® (meaning “Certified Information Systems…more
| Communications & Media Law, Intellectual Property

Trademark Red Tape: Incoming Fee Increases And Sweeping TTAB Rule Changes

Disparaging Marks Still Held in Abeyance. As an update to our last Trademark Red Tape, the USPTO, which has now filed a petition for a writ of certiorari to the Supreme Court in In re Tam with respect to the…more
| Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

Jimi Hendrix Portrait Denied Copyright Protection For Lack of Originality

France is often presented as a country which is quite protective of IP owners, especially in the field of trademarks and copyright.? However, a recent decision rendered by the Paris District Court in relation to a portrait of…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property
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