Foley Hoag LLP - Trademark, Copyright & Unfair Competition

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

When Is Internet Speech Protected Petitioning Activity? Federal Court Grants Anti-SLAPP Motion In FIRE CIDER Trademark Suit

On May 12, 2016, the District of Massachusetts held that that an online campaign in support of the cancellation of a registered trademark (FIRE CIDER) was protected petitioning activity, even though the campaign was organized…more
| Business Torts, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

Southern District Still Screams For Ice Cream – And Attorneys’ Fees – In Master Softee Trademark Dispute

Memorial Day weekend is coming, marking the unofficial start of summer. The Southern District of New York has marked the occasion by entering a judgment for attorneys’ fees and costs against Mister Softee copycat, Master…more
| Civil Remedies, Communications & Media Law, Intellectual Property

Brainstorm: FTC Continues Enforcement Trend Against Cognitive Function Claims

Continuing its trend of scrutinizing claims touting improved cognitive function, the Federal Trade Commission recently announced a settlement with LearningRx Franchise Corp. (“LFC”), the developer and franchisor of a chain of…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection

First Circuit Affirms FTC Social Media Order: Jerk.com users Jerked Around By Material Misrepresentations

In Fanning v. Federal Trade Commission, the First Circuit affirmed a summary decision of the Federal Trade Commission (FTC), which found that Jerk LLC, the operator of Jerk.com, materially misrepresented both the source of its…more
| Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law, Consumer Protection, Business Torts

The Internet Archive Wayback Machine: A Useful IP Litigation Tool, But Is It Admissible?

The Internet Archive’s Wayback Machine archives copies of websites every few weeks or months, going back to 1996. The Wayback Machine currently has almost 500 billion archived webpages. By entering a website into the Wayback…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Trademarks and Gators: 10 Tips to Survive and Thrive at the INTA Annual Meeting in Orlando

It’s that time of the year again, when thousands of trademark professionals from around the globe converge to share legal developments and best practices, develop professional relationships, and enjoy the sights and sounds of a…more
| Intellectual Property

Alcohol Trademarks of the 1800’s: California Uncorks the Past

For the last two years, we have published the Trademark Year in Wine and Beer, a catalogue of each year’s trademark disputes in the alcoholic beverage industry. That is why we were extra excited on April 21, 2016 when the…more
| Intellectual Property

Fair Use Copyright Ruling Stands For Google Books

Last month, the Supreme Court denied certiorari in Authors Guild v. Google, Inc., the long-running copyright case involving Google’s Google Books project. The high court’s refusal to hear the case leaves in place the Second…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property
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