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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
Upcycling at the Super Bowl
Blog February 09, 2024
As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item…
The Top 5 Most Fashionable Intellectual Property Disputes To Walk This Year's Runways at New York Fashion Week
Blog February 06, 2020
New York Fashion Week (NYFW) officially kicks off tomorrow, February 7, 2020, with a week's worth of captivating runway shows from top designers.  The timing, however, could not be worse, since the 92nd Academy Awards is airing on February 9th, dead smack in the middle of Fashion Week.  Due to this scheduling snafu, designer Tom Ford, who styles top actresses walking the red carpet at the Oscars…
10 Marketing Law Takeaways From ANA/BAA 2017
Blog November 17, 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 presenting over three days, it was a great opportunity to learn about “hot” trends and key issues in the advertising and marketing space from an array of stakeholders – marketers, attorneys, regulators…
New York Fashion Week: A Lineup of The Most Fashionable Trademark and Copyright Claims
Blog February 08, 2017
It's that time of the year again when New York City becomes the most fashionable place on the planet. While I would argue that Manhattan is always fashionable, New York Fashion Week adds a bit of extra excitement, glamour and coolness to the mix.  Fashion Week kicks off this Thursday, February 9 through Thursday, February 16, and as usual, the fashion world is all abuzz over who will be the designer-to-watch…
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…
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”)…
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…
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…
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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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