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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 Foley Hoag Advertising and Marketing Law Blog: A Mission Statement of Sorts
Blog February 27, 2018
Welcome! We were delighted last month when Foley Hoag LLP named us as the new co-chairs of the firm's Advertising and Marketing Law group.  This month, as our first official act, we are pleased to announce the launch of the Advertising and Marketing Law Blog. Advertising and marketing regulation and litigation can be a complicated game.  Really complicated…
“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal
Blog November 28, 2017
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 sale. Truth be told, the self-published volume was not in serious danger of becoming unavailable, but the recent Sixth Circuit opinion in Roe v…
Defamation Claim Over “Slavery Wasn't So Bad” Comment Revived by Fifth Circuit
Blog August 21, 2017
What if people thought you said that “slavery wasn't so bad?”  Would it harm your reputation?  Would it matter if the statement was contextualized with various caveats? According to the Fifth Circuit's August 15, 2017 opinion in Block v. Tanenhaus, context is everything. The plaintiff, Walter Block, admits that he uttered the words: “slavery wasn't so bad” while discussing the concept of “free association,” but argues that the New York Times took these words so badly out of context as to……
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…
Supreme Judicial Court Punts On Executive Defamation Privilege
Blog June 14, 2017
Last week, everyone in Washington, D.C. was talking about the invocation of “executive privilege,” the ability of a President to withhold information from, for example, an investigation into Russian influence on the U.S. election. Meanwhile, the Massachusetts Supreme Judicial Court (“SJC”) considered, and then punted on, a different kind of executive privilege: the absolute privilege of an executive to defame others without liability…
Are Your Consumer Contracts Being Invalidated By The Consumer Review Fairness Act?
Blog March 13, 2017
On March 14, 2017, the Consumer Review Fairness Act (CRFA) will officially invalidate a whole bunch of consumer contract clauses that pertain to online reviews. During the last decade, we started hearing reports about professionals using form contracts to prevent their clients or patients from publishing negative online reviews. Here's an example of how it worked: You showed up for a dentist appointment and…
How To Disparage But Not Defame Your Wedding Planner
Blog March 06, 2017
Its March, which means that wedding season is nearly upon us. Let's say you run your own wedding-related business with one employee: you. A customer gives you a review on the internet that is not only negative, but contains false statements.  Who is harmed by this false review: you, your business or both? And if you want to sue the former customer, what is your cause of action?…
Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute
Blog February 20, 2017
Are journalists protected by anti-SLAPP statutes?  Until last week, the likely answer would have been: “probably not,” at least in Massachusetts.  But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the Massachusetts Supreme Judicial Court (which we Bay Staters refer to as the “SJC”). The case involved a Huffington Post story about a chemical consulting firm involved in the Deepwater Horizon oil spill litigation…
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”)…
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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.

Webinar Series

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.