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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
Missing Appointments: Supreme Court Grants Certiorari in Arthrex v. Smith & Nephew
Blog October 20, 2020
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 analyzing the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2. In Arthrex, a panel of the Federal Circuit held that the statutory scheme for appointing administrative patent judges (APJs) of the Patent Trial and Appeal Board violates the Appointments Clause…
A Five-Minute Read on Current Patent Litigation Trends for People who get Bored by Patents
Blog October 04, 2018
Frequent Trademark and Copyright Law Blog contributor Peter Sullivan has written about some pretty fun topics, including Sponge Bob trademarks and Grumpy Cat copyrights. But when he's not having fun, he's also a patent lawyer. Check out his recent article on trends in patent litigation for the International Bar Association: The Impact of inter partes review on patent rights and patent litigation in the United States…
Should Patent and Trademark Applicants Be Required To Pay USPTO Attorneys' Fees?
Blog July 31, 2018
The Federal Circuit just issued its en banc decision in Nantkwest v. Iancu, concluding that the proper statutory construction of Section 145 of the patent statute, which allows patent applicants to file actions in a federal district court to challenge the denial of patent applications by the Patent and Trademark Office (USPTO), does not require the challengers to pay the USPTO's attorneys' fees…
From Runway To Replica: The Most Fashionable Intellectual Property Infringement Beefs Of 2017
Blog February 08, 2018
New York Fashion Week (NYFW) 2018 kicks off on Thursday, February 8 through Friday, February 16, with a full schedule of exciting and exhilarating runway shows. This year's designers include many of the usual faces, like Tom Ford, Ralph Lauren, and Jason Wu, to name a few. As usual, there is some controversy concerning designers that are notably missing from this year's schedule, like Georgina Chapman's label Marchesa…
Sue-per Bowl Shuffle IV: The Year In NFL-Related Intellectual Property Litigation
Blog January 30, 2018
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 Commissioner Roger Goodell's salary package? What is the status of Colin Kaepernick's collusion lawsuit…
Are False Accusations Of Copyright Infringement Defamatory?
Blog July 11, 2017
Is it defamatory to falsely accuse someone of infringing intellectual property? Last month, the California Court of Appeal, in FilmOn.com v. DoubleVerify, Inc., affirmed the dismissal of a defamation action in which the defendant was accused of falsely labeling the plaintiff as a copyright infringer. Does that mean you can just go ahead and call anyone you don't like a copyright infringer…
Court Issues Temporary Restraining Order Against Invention Patenting and Promotion Company for Unfair and Deceptive Trade Practices
Blog April 03, 2017
There are many businesses focused on helping inventors develop and monetize their ideas.  There are companies that, for instance, help people seek patents on their inventions, license their inventions, turn their ideas into tangible products, and promote those products.  World Patent Marketing in Florida bills itself as one of those companies.  But according to a complaint filed by the Federal Trade Commission this month…
Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation
Blog January 30, 2017
Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP lawyers know about. This anxiety led me to put together the Sue-per Bowl Shuffle I and Sue-per Bowl Shuffle II: guides to trademark, copyright, patent and other intellectual property disputes concerning the NFL during 2014 and 2015 respectively…
Ninth Circuit Extends Octane Fitness Attorneys' Fee Analysis To Lanham Act Cases
Blog November 01, 2016
In the 2014 case of Octane Fitness, LLC v. Icon Health Fitness, Inc. (and a companion case), the Supreme Court articulated a standard for courts to use when deciding whether to award attorneys' fees in patent cases. As we reported here, Section 285 of the Patent Act authorizes an award of attorneys' fees to the prevailing party in “exceptional” cases…
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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.

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