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

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

Martin Luther King, Jr. And Copyright: Five Things You Should Know

January 15 is Martin Luther King, Jr. Day, marking what would have been the 89th birthday of the great civil rights leader and Baptist minister. Although copyright is not (and should not be) the first thing that comes to mind…more
 /  Intellectual Property

Creative Trademark Enforcement Part II: Shutting Down The Upside Down

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
 /  Art, Entertainment, & Sports Law, Intellectual Property

A Christmastime Copyright Tale Featuring A (Very) Grown Up Cindy-Lou Who

Are you sick and tired of the Christmas spirit? Apparently, you are not alone. Meet Matthew Lombardo, the author of a comedic play called Who’s Holiday! Billed as “the show Dr. Seuss doesn’t want you to see,” Who’s Holiday!…more
 /  Art, Entertainment, & Sports Law, Intellectual Property

Food Advertising And Compelled Commercial Speech In 2017

According to the Hyper-Chicken, a lawyer from my favorite television show, “freedom of speech applies to what comes out of a mouth, not what goes in.” State of Alabama v. Giant Space Iguana, 273 U.S. O (2976) (chewing corners…more
 /  Communications & Media Law, Constitutional Law, Products Liability

Creative Trademark Enforcement Part I: Velcro Companies Aim To Sing You Into Submission

Readers of this blog are likely aware that trademark owners are required to actively monitor, police, and enforce their trademarks against infringement and misuse. Failure to do so can result in limitation of and, in the most…more
 /  Communications & Media Law, Intellectual Property

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, Privacy

Which Trademark Came First, BUTTERBALL Turkey Or BUTTERBALL Ham?

We used to have a Thanksgiving turkey tradition at the Trademark and Copyright Law Blog. Just before every fourth Thursday of November, we’d type in our LEXIS NEXIS password and find a judicial opinion from a turkey trademark…more
 /  Intellectual Property

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
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