Foley Hoag LLP - Trademark, Copyright & Unfair Competition

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Contact: Jasmine Trillos-Decarie

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Fox News v. TVEyes Copyright Fair Use Decision: A Quick Read for the Busy Practitioner

Last week, Judge Alvin Hellerstein of the Southern District of New York issued his opinion Fox News v. TVEyes. Fox News claimed that TVEyes’ media monitoring service was copyright infringement. TVEyes argued that it was fair…more
| Civil Procedure, Communications & Media Law, Intellectual Property

New York Times Supreme Court Correspondent Adam Liptak Discusses Anthony Lewis’ Iconoclastic First Amendment Views

This past Friday, the keynote speaker at the Boston Bar Association’s Annual meeting was Adam Liptak, Supreme Court Correspondent for the New York Times. Mr. Liptak focused his remarks on the First Amendment views of his…more
| Constitutional Law

Copyright Law Protects Course Syllabi From Disclosure Under Missouri Sunshine Law

Last month, the Missouri Court of Appeals, Western District, held that a public university was not required to turn over copies of certain course materials, including course syllabi, in response to a public records request. The…more
| Constitutional Law, Education, Intellectual Property

What is More Defamatory? A False Accusation of Homophobia or of Homosexuality?

In July 2014, Judge Barbara Jaffe of the New York Supreme Court dismissed the defamation claims in Kramer v. Skyhorse Publications. Kenny Kramer, the real life inspiration for the beloved eponymous Seinfeld character, had sued…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Personal Injury

U.S. Copyright Office Issues Public Draft of New Compendium

Last week, the U.S. Copyright Office announced the release of a public draft of the third edition of the Compendium of U.S. Copyright Office Practices, the administrative manual for the Register of Copyrights. A significant…more
| Intellectual Property

When Can You Be Sued For Introducing Copyrighted Works At Trial? Almost Never, But Plaintiffs Keep Trying

Professor Nimmer once identified the “weakest infringement claims of all time” as those involving attempts by copyright holders to prevent their copyrighted work from being used as evidence against them in court. “It seems…more
| Civil Procedure, Criminal Law, Intellectual Property

Ninth Circuit Allows Delinquent Corporation To Sue And Own Trademarks

In Southern California Darts Association v. Zaffina, the Ninth Circuit held that a corporation, whose charter had been suspended by the state of California in 1977, had standing in 2012 to sue and to own trademarks as an…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Intellectual Property

IP Protection For Novelty T-Shirts: Copyright Or Trademark?

No matter how sophisticated we are on the outside, on the inside everyone has a favorite novelty t-shirt buried deep in the recesses of their juvenile subconscious. Mine is one that says “Welcome to Philadelphia. Now Go Home,”…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Highlights of Congressional Hearings on Copyright Remedies: Statutory Damages, Small Claims and Felonious Streaming

On July 24, 2014, the Judiciary Committee of the United States House of Representatives, through its Subcommittee on Courts, Intellectual Property and the Internet, held hearings on the subject of copyright remedies. Most of the…more
| Civil Remedies, Elections & Politics, Intellectual Property, Science, Computers, & Technology

How Not To Market Your Business Online (Even If It Works): Claims Against Fake Review Sites And Stolen Obituary Photos Survive Motion To Dismiss

Despite celebrity endorsements from the likes of Dennis Miller and Alan Thicke, all that glitters isn’t gold when it comes to the marketing of precious metal investments. In March 2014, American Bullion, Inc., which is in the…more
| Civil Remedies, Communications & Media Law, Intellectual Property

How The White Tower Burgers Trademark White-Washed, Washed Out, Then Washed Up

If you happen to be in the Boston area this August, and you are sick of the Freedom Trail, here’s an idea for a little trademark trail. Start in Cambridge at Moody’s Falafel Palace and head downtown past Kneeland Street to the…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Wizard of Oz Celebrates 75th Anniversary & Victory in Copyright and Trademark Dispute Over Film Characters

This August will mark the 75th anniversary of the release of the classic film The Wizard of Oz. As Warner Bros. celebrates the iconic status acquired by the film and its characters during the past seven-plus decades, the studio…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

The Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use

As any IP lawyer will readily admit, trademark practice before the United States Patent & Trademark Office (PTO) comes with its fair share of annoyances: inconsistent treatment of similar applications, unreasonably stringent…more
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

Are “Concurrent Damages” A Good Idea For Copyright Law?

About a year ago, we wrote about the final chapter in the copyright saga of Joel Tenenbaum, the Boston University student who was found liable for copyright infringement by a District of Massachusetts jury, based on his admitted…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Intellectual Property

Highlights of Congressional Hearings on Copyright Moral Rights, Termination Rights, Resale Royalty, And Copyright Term

On July 15, 2014, the Judiciary Committee of the United States House of Representatives, through its Subcommittee on Courts, Intellectual Property and the Internet, held hearings regarding a number of copyright issues, including…more
| Elections & Politics, Intellectual Property
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