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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
A Trademark Year In Wine And Beer 2016: Our Holiday Buyer's Guide To Disputed Beverages
Blog December 06, 2016
Just in time for the holiday season, we present our third annual Trademark Year in Wine and Beer, a wrap-up  of alcohol-related trademark and trademark-ish disputes dating back to December 2015, when we published our last edition. Our scope includes lawsuits brought in U.S. Courts, actions before the Trademark Trial and Appeal Board (“TTAB”), arbitrations pursuant to the  Uniform Domain Name Dispute Resolution Policy (“UDRP”)…
Harry Potter And The Cursed Legal Update
Blog July 27, 2016
It has been about a year since we published Harry Potter Lawsuits and Where to Find Them, my attempt at a comprehensive review of Harry Potter-related litigation. Why update the article now? Two reasons. First: The long-awaited book version of Harry Potter and the Cursed Child hits the shelves on July 31, 2016…
The Pleads Of The Many: 50 Years of Star Trek Lawsuits
Blog July 18, 2016
This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases the new film, Star Trek Beyond (which sadly includes the final Chekovian performance by the recently-departed Anton Yelchin)…
Was Shakespeare “Sometimes Like a Lawyer”? Legal Writing With The Bard
Blog April 18, 2016
William Shakespeare breathed his last on April 23rd, 1616, so this April 23rd marks 400 years since his death.  It is also, supposedly, his 452nd birthday.  Putting aside the oft-silly conspiracy theories and multitudinous alternate spellings of his name, many details of Shakesper's life are clearly documented in contemporary sources.  No one is sure, however, exactly what he was up to in the 1580s…
The First Circuit's “Scungy” Backpage: Copyright And Right Of Publicity Claims Ineffective Against Sex Trafficking
Blog April 04, 2016
In Doe v. Backpage.com, the First Circuit affirmed the District of Massachusetts in holding that Section 230 of the Communications Decency Act (CDA) shields from civil liability a website used by third parties to facilitate the sex trafficking of underage girls.  If you haven't had a chance to follow the case, there are three basic takeaways: (1) the immunity provided by Section 230 of the CDA is very broad…
Justice Scalia on Trademark and Copyright: Dastar, Penguin-Shaped Cocktail Shakers and “Guilt by Resemblance”
Blog February 22, 2016
When we decided to mark the passing of Justice Antonin Scalia by recounting a few of his copyright and trademark opinions, we were somewhat surprised to discover that there really hadn't been that many. In fact, we located only seven matters in which Justice Scalia contributed a written opinion on a substantive issue of trademark or copyright law, and only four were majority opinions. Here they are…
From Runway to Replica: Intellectual Property Strategies for Protecting Fashion Designs
Blog February 08, 2016
Designers like Alexander Wang, Rebecca Minkoff, and Michael Kors are all gearing up to premier their 2016 fall/winter collections this month during New York Fashion Week.  Fashion Week draws more than 230,000 attendees each year to over 500 runway shows and events in New York City.  The economic impact of this biannual event is estimated to be close to $900 million…
Latest DMCA Triennial Review Permits Jailbreaking, Video Game Preservation, And More
Blog January 04, 2016
Most readers of this blog are well-acquainted with the Digital Millennium Copyright Act (DMCA) and the anti-circumvention provisions codified therein, 17 U.S.C. § 1201 et seq., which prohibit the circumvention of technological measures that control access to a copyrighted work, even in the absence of copyright infringement.  The anti-circumvention provisions of the DMCA are often criticized for their failure to include an explicit fair use exemption like that included elsewhere in the……
Implied Threat on Facebook Insufficient to Support Stalking Conviction
Blog October 12, 2015
Last month, the Massachusetts Supreme Judicial Court (SJC) held that a Facebook profile may constitute a “threat” within the meaning of the Massachusetts stalking statute. However, a profile that is merely “vaguely ominous or disturbing,” as was the case in Commonwealth v. Walters, is insufficient to support a conviction. Background In 2006, Michael Walters and his girlfriend bought a house together in Seekonk…
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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.