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Trademark, Copyright, Advertising & the Law

Providing practical knowledge, interesting updates and insights for companies and legal practitioners to help navigate complex trademark, copyright, advertising and related legal issues

Trademark, Copyright, Advertising & the Law Blog
The Best of British Brands – An INTA 2026 London Walking Tour Through a U.S. Trademark Lens
Blog April 29, 2026
As we gear up for the INTA conference in London this year, it’s a perfect time to explore some of the UK’s most well-known brands and trademarks…
Marketing Meets IP: How to Stay Creative Without Crossing Legal Lines
Blog January 05, 2026
In today’s fast-paced digital landscape, marketing teams are under constant pressure to create bold, engaging campaigns. But creativity often collides with legal risk, especially when referencing other brands, copyrighted works, or celebrity likenesses…
Phantom Savings: Bargain Shoppers Cry Foul Over Alleged Fictitious Pricing Schemes
Blog April 26, 2019
On March 19, 2017, Marilu Calderon went shopping at the Kate Spade outlet store in Carlsbad, California, and a “Flavor of the Month” charm pendant caught her eye.  The price on the tag was $78.00, but in-store signs stated that the product was an additional 60% off.  Ms. Calderon thought that was a good deal, so she purchased the pendant for $31.20. Five months later, in New Jersey…
FDLI Food Advertising, Labeling, and Litigation Conference Now Accepting Proposals
Blog April 22, 2019
The Food and Drug Law Institute's 2019 Food Advertising, Labeling, and Litigation Conference for the Food and Dietary Supplement Industries will take place September 26 and 27 in Washington DC. This is always an excellent conference that showcases specialized expertise in this important area of regulation and litigation. Speakers always include key officials from relevant enforcement agencies such as the Federal Trade Commission, Food and Drug Administration, and U.S…
Pillow Fight: Consumer Advocacy Group Targets Pillow Manufacturer's “Deep Sleep” Advertising Claims
Blog January 17, 2019
We have written many times about the key players in U.S.-based advertising regulation: the Federal Trade Commission, the National Advertising Division, and states' attorneys general.  But there is another player that is often overlooked in these discussions: consumer advocacy groups. One of the leading consumer advocacy groups focused on advertising is Truth in Advertising (TINA.org), an independent non-profit organization that monitors advertising for claims it views as misleading or……
Retro-Grade:  What the La Choy Dragon Can Teach Us About Advertising Law, FDA Standards of Identity, Evolving Gender Roles, and Noodles
Blog January 08, 2019
The marketing of pasta products sold in American grocery stores is a fascinating case study in the evolution of FDA food standards, American marketing, and even gender roles, as well as the growing diversity of America's consumer population and its palate. Most of the Food and Drug Administration's standards of identity for food products were formulated in the early 20th century, and they reflected the foods in American stores and kitchens of that time…
CARU Holiday Warning: Kissing This Dog Will Not Make Your Wishes Come True!
Blog December 21, 2018
What if I handed you a stuffed animal for Christmas and told you to kiss it in order to make your wishes come true? Did I just make an untrue factual claim, or was I merely engaged in harmless puffery?  Would your answer change if you were only six years old? Just in time for the holidays, the Children's Advertising Review Unit (“CARU”) has weighed in on this question…
Claim Construction Surveys at the National Advertising Division:  A Quantitative Analysis
Blog December 19, 2018
This post describes a quantitative analysis of the use of consumer perception surveys to interpret implied advertising claims in the past five years of cases before the National Advertising Division of the Council of Better Business Bureaus (NAD), which I presented at the NAD Survey Conference in New York on December 7. How Many Surveys Does NAD Receive – and Accept? NAD is America's leading industry self-regulatory forum for resolving competitor disputes over false advertising…
Consumer Surveys in NAD Cases
Blog November 29, 2018
Foley Hoag will join up with the National Advertising Division of the Council of Better Business Bureaus (NAD), America's premier self-regulatory and alternative dispute resolution forum for false-advertising matters, to host NAD's first-ever live conference devoted entirely to the use of consumer perception surveys to determine the messages implied by advertisements challenged in NAD proceedings. The conference will be held next Friday, December 7, at the IAB Ad Lab in New York…
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ABOUT

Foley Hoag’s Trademark, Copyright, Advertising & the Law blog aims to provide practical knowledge and insights for companies and legal practitioners to help them navigate complex trademark, copyright, and advertising law legal issues. 

Our authors, comprised of attorneys from the firm’s Trademark, Copyright & Unfair Competition and Advertising & Marketing practices, have been active in trademark, copyright, and advertising space for decades. We advise our clients on the availability of marks and names, prepare and prosecute domestic and foreign applications for marks, and monitor and maintain thousands of registrations worldwide. We help clients exploit their brands through trademark licensing and provide clients with the legal and contractual protection they need to maximize the commercial potential of their brands without jeopardizing their rights. We have extensive experience in the policing, enforcement and defense of our clients’ trademark rights, representing our clients in civil litigation, administrative proceedings and arbitration in the U.S. and abroad. We also specialize in advising clients on trademark matters in connection with emerging media and the Internet, including domain name and Internet keyword disputes.

Our team also handles a variety of copyright matters. We offer advice regarding copyright registration and assist clients in policing and enforcing copyrights against infringers, including actions involving the Internet and the Digital Millennium Copyright Act (DMCA). We are counsel to some of the largest corporations in the U.S. in defending against claims of copyright infringement. We also focus on related complex unfair competition matters, as well as disputes involving trade secrets, false advertising, comparative advertising, defamation, and commercial disparagement. We work with clients to determine acceptable limits in client advertising and assist clients in evaluating advertising and related statements by competitors that cross the line into deception, disparagement, and defamation. We also help clients evaluate and address the theft of trade secrets, including by ex-employees, data thieves, and hackers.

Foley Hoag lawyers are leaders in their field. In addition to being well known in the business community and the courts, they are active members and leaders of the International Trademark Association, the Food and Drug Law Institute, the National Advertising Division of the Better Business Bureau, and other professional organizations. They frequently lecture, teach, and publish in the fields of trademark and unfair competition. As members of these organizations, they participate actively in shaping law and policy.

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Foley Hoag’s Trademark, Copyright & Unfair Competition practice group presents a webinar series designed exclusively for in-house counsel and business executives that discusses timely legal issues impacting business decisions in the areas of trademark, trade dress, copyright, trade secret, Internet, domain name, false advertising, defamation, commercial disparagement and other unfair competition.

Click here to subscribe to our webinar series invitation list.