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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…
Cannabis Health Claims Face Increased Scrutiny As More States Roll Out Recreational Dispensaries
Blog January 24, 2023
As the number of adult-use states continues to grow—with New York, New Jersey, Connecticut, Rhode Island, and Vermont recently joining the ranks—the scrutiny of cannabis-related advertising has grown with it.  In recent years, state and federal regulators have made it clear that cannabis claims are a priority, especially claims stating or implying a health benefit.  Most of the attention to date has been on CBD products and claims, but as THC products hit the shelves in more and more……
Diet Soda and Space Aliens
Blog February 25, 2020
Partner August Horvath recently analyzed a decision by the Ninth Circuit Court of Appeals affirming dismissal of a case alleging that calling a soft drink a “diet” soda communicates consumers that you are selling a weight-loss product.  As August notes, Judge Orrick and the Ninth Circuit panel understood the need to review advertising and marketing claims using common-sense understanding of what words mean in context.  In so doing…
Recent FTC and FDA Warning Letters May Hold Lessons For Cannabis Advertisers
Blog July 12, 2019
Last month the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) sent joint warning letters to four companies that manufacture and advertise flavored liquids used in vaping (“e-liquids”).  While the letters focus on the nicotine content of the products, they should nevertheless be of interest to cannabis advertisers because they demonstrate a continued regulatory focus on vaping and suggest a framework that may soon apply more broadly to the promotion of retail……
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…
Mandatory Oversharing on Food Labels:  A Good Week for the Resistance
Blog February 05, 2019
People on social media, and in some face-to-face social settings, often reveal more about themselves than they need to or really should. When someone makes an embarrassing but unnecessary disclosure, we call it “oversharing.” We might respond, “Oh, wow, TMI” (the online code for “too much information”). Last week, two court rulings – one dismissing a litigation, and the other ruling an ordinance unconstitutional – helped food companies resist efforts by activists to compel them to……
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……
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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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