Author Info for Foley Hoag LLP - Making Your Mark

Neil Austin

Cannabis Regulators Establish Ground Rules For Marijuana Advertising In Massachusetts

With the first retail sales of adult use marijuana slated to take place in just over five months, the Massachusetts Cannabis Control Commission (the “Commission”) is working overtime to regulate an industry that some project…more

Advertising, False Advertising, Marijuana, Marijuana Related Businesses, Warning Labels

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Gabrielle Bernstein

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

Community Trademark, France, Trademark Infringement, Trademark Registration, Trademarks

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Michael Boudett

“Gossip Cop” Held To Willfully Infringe Copyrighted Photos

In BWP Media USA v. Gossip Cop Media, a case sure to bring cheer to paparazzi and tabloid publishers everywhere, a judge in the Southern District of New York has found after a bench trial that a gossip website willfully…more

Attorney's Fees, Celebrities, Copyright Infringement, Fair Use, Photographs

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Marion Cavalier

IP and Social Networks: The Paris District Court Invalidates IP Clauses of Google+ Terms of Use

It’s been rough weather for Google in France. Three weeks after the French ?Data Protection Authority imposed a record fine against Google for non-compliance with the GDPR, the Paris District Court (“Tribunal de Grande…more

Copyright Infringement, Corporate Fines, Data Protection, Data Protection Authority, DMCA

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Cecilia Copperman

Upcycling at the Super Bowl

As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item…more

Consumer Confusion, Fashion Branding, Goods or Services, Intellectual Property Protection, IP License

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Barbara Fiacco

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

Attorney's Fees, Copyright, Copyright Infringement, Fee-Shifting, First Sale Doctrine

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Julia Huston

Law Students Seek to “Free Rapunzel from The Trademark Tower” by Opposing RAPUNZEL as a Trademark for Dolls

In an interesting case pending before the TTAB, law students from the Suffolk University IP and Entrepreneurship Clinic have opposed an application filed by United Trademark Holdings, Inc. to register RAPUNZEL as a trademark for…more

Children's Toys, Intellectual Property Litigation, Intellectual Property Protection, Law Students, Motion to Dismiss

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Joshua Jarvis

Trailblazers, OutKasts, and Iconic Brands: The INTA Annual Meeting in Atlanta

The INTA Annual Meeting is here! As one of the largest gatherings of trademark professionals from around the world, the INTA Annual Meeting offers opportunities for networking, education, and collaboration. Against the backdrop…more

Consumer Confusion, Copyright, Intellectual Property Litigation, Intellectual Property Protection, Right of Publicity

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Nicole Kinsley

Trailblazers, OutKasts, and Iconic Brands: The INTA Annual Meeting in Atlanta

The INTA Annual Meeting is here! As one of the largest gatherings of trademark professionals from around the world, the INTA Annual Meeting offers opportunities for networking, education, and collaboration. Against the backdrop…more

Consumer Confusion, Copyright, Intellectual Property Litigation, Intellectual Property Protection, Right of Publicity

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Areta Kupchyk

FDA Issues Final Guidance on Proprietary Names for Drugs and Biological Products

The Food and Drug Administration (FDA) has finalized guidance for industry describing the agency’s evaluation process for proposed proprietary names for drug and biological products. The guidance applies to all prescription and…more

Food and Drug Administration (FDA), New Guidance, Pharmaceutical Industry, Prescription Drugs, Trademarks

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Katherine Luo

Name That Artist: How AI Music is Shaping the Right of Publicity

Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts…more

Artificial Intelligence, Copyright, Corporate Counsel, Intellectual Property Litigation, Intellectual Property Protection

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Jenevieve Maerker

Out With The Old, In With The Gatsby Sequels: Trademark and Copyright News for the New Year

Most of us were thrilled to see the calendar turn to 2021 on January 1, closing the chapter on what was an extremely challenging year around the globe. Now that we are a month into the new year, and the fireworks have faded and…more

Copyright, Corporate Counsel, EU, Fees, Intellectual Property Protection

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Catherine Muyl

EU Parliament Approves New Copyright Rules for the Internet

We had been following on this blog the heated debates around the proposed EU Copyright Directive. These debates now belong to history since on March 27, 2019, the European parliament adopted the Directive with 348 votes against…more

Copyright, Copyright Infringement, Corporate Counsel, Data-Sharing, Digital Single Market

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Natasha Reed

Trailblazers, OutKasts, and Iconic Brands: The INTA Annual Meeting in Atlanta

The INTA Annual Meeting is here! As one of the largest gatherings of trademark professionals from around the world, the INTA Annual Meeting offers opportunities for networking, education, and collaboration. Against the backdrop…more

Consumer Confusion, Copyright, Intellectual Property Litigation, Intellectual Property Protection, Right of Publicity

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Madeleine Rodriguez

Court Dismisses Tarantino’s Copyright Claim Over Hyperlink To Leaked Script; Grants Leave to Amend But Notes That Fair Use Argument Is Strong

We recently reported on director Quentin Tarantino’s copyright lawsuit against Gawker Media over his leaked script for the film The Hateful Eight. The suit alleged that Gawker Media, by encouraging its readers to leak the script…more

Copyright, Copyright Infringement, Fair Use, Leave to Appeal, Quentin Tarantino

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John Shope

Settlement in False Advertising Class Action Leaves First Amendment Questions Unanswered

On April 30, 2014, the plaintiffs in Bezdek v. Vibram, a class action in the District of Massachusetts, filed for court approval of a class wide settlement. The case had been brought against Vibram, the Italian manufacturer of…more

Class Action, False Advertising, First Amendment, Settlement, Vibram

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Peter Sullivan

Missing Appointments: Supreme Court Grants Certiorari in Arthrex v. Smith & Nephew

While all eyes have been trained on the confirmation hearings from last week, the Supreme Court made news in the IP world. The Court granted certiorari in Arthrex v. Smith & Nephew (Nos. 19-1434, -1452, -1458), a decision…more

5 U.S.C. § 7513(a), Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Constitutional Challenges

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Philip Swain

Massachusetts to Adopt the Uniform Trade Secrets Act

With H. 4732 (and amendment H. 4868) sitting on Massachusetts Governor Charlie Baker’s desk, Massachusetts is finally on the verge of adopting the Uniform Trade Secrets Act (“UTSA”). The UTSA was published by the Uniform Law…more

Governor Baker, Misappropriation, Trade Secrets, Uniform Law Commission (ULC), UTSA

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Shrutih Tewarie

Supreme Court Establishes Test for Copyrightability of Two-Dimensional Designs Incorporated Into Useful Articles in Star Athletica v. Varsity Brands

On March 22, 2017, the Supreme Court established a test for determining whether a design that is incorporated into a useful article is entitled to copyright protection. In its much-awaited opinion in Star Athletica, L.L.C. v…more

Cheerleaders, Copyright, Copyright Infringement, Copyrightable Subject Matter, Fashion Design

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Rajesh Vallabh

Patent Strategies For Start-Up Companies

Patents can be vitally important for protecting the innovations of a start-up company, just as it is important for start-ups to be mindful of trademark, copyright, and domain name strategies (see our other guides for start-ups,…more

IP Assignment Agreements, Patent Applications, Patent-Eligible Subject Matter, Popular, Provisional Applications

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Emma Winer

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

Copyright, Copyright Infringement, Mobile Apps, Motion to Dismiss, Popular

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Jennifer Yoo

Booking.whocares: SCOTUS Issues a Headline-Making Trademark Decision… But Does It Really Matter?

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. v…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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