Foley Hoag LLP - Trademark, Copyright & Unfair Competition

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Firm Profile: Foley Hoag LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02210-2600, United States
Contact: Audra Callanan
Phone: 617-832-1000
Fax: 617-832-7000
Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Commercial Law & Contracts
  • Communications & Media Law
  • Criminal Law
  • Intellectual Property
  • International Law & Trade
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • D.C.
  • Massachusetts
Other Countries
  • France

10 Marketing Law Takeaways From ANA/BAA 2017

We just got back from the Association of National Advertising (ANA) and Brand Activation Association (BAA) Marketing Law Conference in Chicago, held earlier this week. With hundreds in attendance, and dozens of speakers…more
 /  Antitrust & Trade Regulation, Communications & Media Law, Science, Computers, & Technology

Trademark Case Too “Banal” To Justify Social Media Gag Order

Before the social media era really kicked into gear, I was representing a defendant in a defamation case who was being sued by a very wealthy plaintiff. Because of his charitable generosity, the plaintiff’s name was on…more
 /  Communications & Media Law, Constitutional Law, Intellectual Property

Halloween Costumes And Copyright: 5 Things You Should Know

This is a tough time of year if you are an intellectual property lawyer who likes to dress up. Anyone who knows about your job will be unable to resist lame and legally incorrect jokes about your Halloween costume. If you wear…more
 /  Intellectual Property

Posner On Copyright: 10 Cases To Remember

When Judge Richard Allen Posner abruptly retired from the Seventh Circuit Court of Appeals last month, we were so caught off guard that it took a few weeks to get our tribute machine up and running. Why a tribute to Posner on…more
 /  Civil Procedure, Intellectual Property

I Subscribed to What? What Online Subscription-Based Marketers Need To Tell Their Consumers

I am certainly not the only person who has been lured into purchasing a too-good-to-be-true, deeply discounted product online, only to learn that what I actually purchased was a subscription to buy more stuff. Kate Hudson’s…more
 /  Antitrust & Trade Regulation, Communications & Media Law, Science, Computers, & Technology

The FTC, Like, Revises Its Social Media Endorsement Guides, Bruh!

This month, the Federal Trade Commission (“FTC”) issued a revised version of “Endorsement Guides: What People Are Asking,” a series of questions and answers pertaining to the conduct of “influencers,” that is, anyone who…more
 /  Antitrust & Trade Regulation, Communications & Media Law

. . . And Your Name Is? Court Orders Anonymous Parallel Importer To Reveal Itself In “Lever Rule” Trademark Challenge

We recently hosted an event at the firm where we discussed legal issues concerning parallel imports in the transportation industry, so a recent decision by the U.S. Court of International Trade discussing “Lever Rule” protection…more
 /  Intellectual Property, International Law & Trade

A History Of GOLDEN GATE Trademarks For Alcoholic Beverages

In celebration of the Intellectual Property Owners Association’s Annual Meeting, currently underway in San Francisco, we offer a brief tour through some GOLDEN GATE-themed trademarks. As a prominent feature of San Francisco’s…more
 /  Intellectual Property

Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you…more
 /  Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Europe’s Answer To “I Love New York”: The Official Trademark Of Venice

This summer, I was lucky enough to vacation with family and friends in Venice, Italy. Highlights included seeing the traditional city sights, riding around the canals in a gondola, seeing glass being blown on the Island of…more
 /  Intellectual Property, International Law & Trade

A Copyright Fable: Debunking The “Seven-Second Rule”

If you are a television news producer or documentary filmmaker, you have almost certainly faced this issue: You are putting together a story about a past event, and you want to make the point that this past event was once the…more
 /  Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Defamation Claim Over “Slavery Wasn’t So Bad” Comment Revived by Fifth Circuit

What if people thought you said that “slavery wasn’t so bad?” Would it harm your reputation? Would it matter if the statement was contextualized with various caveats? According to the Fifth Circuit’s August 15, 2017 opinion in…more
 /  Communications & Media Law, Personal Injury

An Unmapped Spanish Golden Mile: The “Indication Of Geographical Origin” Trademark Prohibition

Spain is famous for wines bathed in the sun. There are various splendid Spanish wine regions: Rioja, Valencia, Penedès, Priorat, Rueda — all of which would, by the way, make fantastic places to go during your holidays if you are…more
 /  Intellectual Property, International Law & Trade

A Recipe For Sanctions: “No reasonable copyright attorney … would have filed this complaint.”

If you are going to file a copyright infringement complaint based on a cookbook, beware. Copyrights in cookbooks are considered “thinner” than copyrights in many other types of literary works. There are several reasons for this,…more
 /  Art, Entertainment, & Sports Law, Intellectual Property

Who Owns The Copyright In The Photograph That Launched A Thousand Pleadings?

Over a decade ago, a lawyer snapped a photograph of the Indianapolis skyline, thus opening the gates to perhaps the most prolific flood of copyright litigation in the history of Indiana. Over the last five years or so, this…more
 /  Civil Procedure, Communications & Media Law, Intellectual Property
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