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, Director of Marketing and Business Development
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

The Black Hole of Misappropriation: Astronaut’s Right of Publicity and Trademark Claims Survive Summary Judgment

Is astronaut David Scott more like fellow astronaut Buzz Aldrin or NASA pilot Chuck Yeager? Scott was the Commander of the Apollo 15 mission and the seventh person to walk on the moon, so the obvious answer is Aldrin. However,…more
 /  Civil Procedure, Intellectual Property

Political Fair Use Argument Fails to Rescue Republicans from Copyright Claim

It’s been a while since we felt compelled to revisit the topic of political fair use, that is, the extent to which the use of copyrighted works in political campaigns qualifies as a fair use pursuant to 17 U.S.C. § 107. Back in…more
 /  Elections & Politics, Intellectual Property

Oracle v. Google, Copyright & Fair Use: One of “Billions” of Summaries

Earlier this week, the Federal Circuit Court of Appeals released its blockbuster decision in Oracle America, Inc. v. Google LLC, which held that Google’s unauthorized use of certain aspects of Oracle’s Java software was not fair…more
 /  Civil Procedure, International Law & Trade, Science, Computers, & Technology

“Party and Bull****” Copyright Plaintiff Serves Up Fair Use Defense With Political Critique

Here’s a tip for copyright owners. Your infringement complaint is not a good place to make political distinctions between the purpose of your work and that of the defendant’s. See that buzz saw you are walking into? It’s called…more
 /  Art, Entertainment, & Sports Law, Intellectual Property

Port in Porto, Portugal: Wine And Geographical Indications At PTMG

I am in Porto, Portugal for the spring conference of the Pharmaceutical Trade Marks Group, and I have enjoyed learning a bit about port wine – and the associated geographical indication – while I am here. Port, of course, is a…more
 /  Intellectual Property

Owner of Foreign Copyrights Must Plead Registration Exemption

What exactly is the definition of a “United States work” for copyright registration purposes? And why is a certain Albanian television company unlikely to forget that definition any time soon? …more
 /  Intellectual Property, International Law & Trade

Creative Trademark Enforcement Part IV: Going “Olde” School

Over the past few years, we have seen numerous instances of companies protecting their trademarks in creative ways – approaches that leverage humor and the brands themselves in order to achieve an acceptable legal outcome while…more
 /  Intellectual Property

Multimillion Dollar “Moral Rights” Judgment for 5Pointz Graffiti Artists

It’s been a few years since we first wrote about the 5Pointz dispute, where graffiti artists first tried to prevent the destruction of their works by the owner of the spray-painted buildings, and then sought money damages for…more
 /  Art, Entertainment, & Sports Law, Intellectual Property

President Ford Ascends Copyright Mount Rushmore

On past Presidents’ Days, we have discussed the critical roles in the development of U.S. copyright law played by Abraham Lincoln (who extended copyright protection to photographs) and George Washington (whose correspondence was…more
 /  Intellectual Property

The Shape Of My Heart: A Guide To Chocolate Shape Trademarks For Your Valentine

The past year has been an active one in the chocolate trademark wars, as confectionery giants attempt to use trademark law to protect the shapes of iconic candy products. In the US, and in many other jurisdictions, companies…more
 /  Intellectual Property

From Runway To Replica: The Most Fashionable Intellectual Property Infringement Beefs Of 2017

New York Fashion Week (NYFW) 2018 kicks off on Thursday, February 8 through Friday, February 16, with a full schedule of exciting an exhilarating runway shows. This year’s designers include many of the usual faces, like Tom…more
 /  Art, Entertainment, & Sports Law, Intellectual Property

Don’t Mess With Grumpy Cat’s Intellectual Property!

In my never-ending quest to write articles that my children would read, I bring you the case of Grumpy Cat. The guardians of Grumpy Cat (whose actual name is Tardar Sauce), through its company, Grumpy Cat Limited, developed a…more
 /  Intellectual Property

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
 /  Business Organizations, Communications & Media Law

Sue-per Bowl Shuffle IV: The Year In NFL-Related Intellectual Property Litigation

If you are a lawyer, there is a serious danger that someone at the Super Bowl party you attend is going to want to talk about an NFL-related legal issue. Did Cowboys owner Jerry Jones really have standing to challenge…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Creative Trademark Enforcement Part III: The Southern Hospitality Of Old No. 7

Over the past few years, we have seen numerous instances of companies protecting their trademarks in creative ways – approaches that leverage humor and the brands themselves in order to achieve an acceptable legal outcome while…more
 /  Intellectual Property
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