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Trademark & Copyright Law Blog
www.trademarkandcopyrightlawblog.com
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Intellectual Property Lawyers & Attorneys : Foley Hoag Law Firm : Washington D.C., Boston
#420615 i Alle

The Devils in the Details: Dissecting the 350-Page Georgia State University Electronic Reserve Copy...

On May 11, 2012, we learned what it sounds like when all the college professors and university librarians in the country breathe a collective sigh of relief. Judge Orinda Evans of the Federal Distric...

2 days siden

Spring Cleaning: FTC Announces Settlement with Oreck Corporation Regarding Vacuum Cleaner and Air P...

The Federal Trade Commission has been busy. On the heels of its $40 million settlement with Skechers, one of the largest of its kind, the Commission yesterday announced that it has settled with Oreck...

3 days siden

Shape-up or Ship-out: FTC Sends Tough Message to Marketers of Toning Shoes But Fails to Clarify Mur...

After much hype on Twitter regarding an action against a “major marketer of consumer goods,” the Federal Trade Commission today announced that it has settled with Skechers USA, Inc. over ...

16 maj 12

Copyright Claims Dismissed Against Facebook Movie and Book: Unoriginal Expression And Fragmentary P...

Software entrepreneur Aaron Greenspan claims not only to have been the original inventor of Facebook. He also claims to have been the original author of the story of Facebook, via his memoire, Author...

10 maj 12

Rest In Peace, Perfect10 v. Google: Epic Soft-Porn Copyright Struggle Finally Dismissed

The firmament of copyright blog topics just got a little dimmer, and a lot better clothed. Last month, after eleven years, three Ninth Circuit opinions and 1,212 docket entries in the trial court, so...

08 maj 12

Celebrity Trademark Watch: Marilyn, Elvis and Michael Teach Us How to Beat the High Cost of Dying

Marilyn Monroe was perhaps the more clever of Hollywood’s famous dumb blondes. While doubtless no rocket scientist, she nonetheless continues to exploit her carefully honed image to great effec...

04 maj 12

Bear and Copyright Contract Fall Through the Cracks: Who Owns Student Art Work?

In the early 1990’s, when I was applying to film schools, I recall that different schools had different policies regarding the copyright ownership of student work. Copyright in any work, of cou...

02 maj 12

"The Weakest Infringement Claims of All Time"??? Patent Prosecution and the Physics of Fair...

When patent prosecutors file applications with the United States Patent and Trademark Office (PTO), they are required by law to include “all information material to patentability,” which ...

01 maj 12

New gTLD Update: All Systems Are...Suspended?

As part our continuing coverage of ICANN’s New gTLD Program, we had planned a post regarding the close of the gTLD application window and the imminent unveiling of the new top-level domain appl...

25 apr 12

U.S. Customs and Border Protection Proposes Greater Cooperation with IP Owners to Crack Down on Cou...

Earlier today, U.S. Customs and Border Protection (CBP) announced that it would disclose information to intellectual property owners regarding suspected counterfeit goods stopped at the border, in si...

24 apr 12

Second Circuit Reverses Convictions in Data-Theft Prosecution and Narrowly Interprets Federal Crimi...

On our sister blog, Security, Privacy and the Law, our colleague Daniel Marx reports on a recent Second Circuit case addressing the limits of criminal liability for the theft of intellectual property...

23 apr 12

Google AdWords Appellate Decision Injects Some Uncertainty Back Into the Keyword Game

Just when you thought it was safe to bid on competitors’ trademarks as keywords -- provided you played it smart, and didn’t put trademarks in the actual text of your sponsored ad except u...

13 apr 12

Viacoms Copyright Suit against YouTube Gets a Second Chance from the Second Circuit

    The Second Circuit has ruled that the summary judgment granted last year in favor of YouTube in a copyright suit brought by Viacom and other content owners was premature. The District C...

09 apr 12

Not So Clever After All: Humorous Commercial on "Luxury" Lands Hyundai in Hot Water

In an ad run initially during the post-game show of the 2010 Super Bowl, Hyundai encouraged viewers to re-think “luxury” and as a result consider buying a Sonata. The ad, which can be vie...

05 apr 12

Foley Hoag to Host Upcoming INTA Roundtable: gTLDs: Status, Process and How is It Working?

We have covered ICANNs New gTLD Program at great length on this blog.  If youd like to discuss the new gTLDs and the myriad issues presented by their introduction face-to-face, Foley Hoag is hos...

30 mar 12

Trademark Parody Dispute Puts Fashion Law in the Spotlight

Yesterday the University of Pennsylvania Law School’s Penn Intellectual Property Group (PIPG) held its annual symposium, which this year focused on fashion law. David Nimmer, of copyright treat...

21 mar 12

Man Versus Machine: iPhone 4S User Files Class Action Against Apple, Alleges Siri Wont Do As Told

Frank Fazio, a disgruntled iPhone 4S user from New York, recently filed a federal class action lawsuit against Apple in California, alleging that the Siri feature of the iPhone 4S does not work as ad...

16 mar 12

The Dark Side of Copyright Enforcement: Magistrate Judge Recommends that Suit against Copyright Own...

Boston seems to be the venue for action at the far extremes in copyright enforcement. On the one hand, as discussed in earlier posts, a local jury found an individual, music downloader Joel Tenenbaum...

08 mar 12

Pinterests Popularity Soars, But (P)Interesting Copyright Questions Abound

  In a world where Facebook isn’t a social network but The Social Network, it’s difficult for a new social networking site to gain traction. Since there’s already someone out t...

05 mar 12

Trademark Offices Warn Applicants of Solicitations by Unscrupulous Companies: How Can a Trademark O...

It seems that a trademark owner cannot file a trademark application without subjecting itself to a frenzied barrage of unwanted solicitations by companies seeking the payment of fees in exchange for ...

28 feb 12

Oh What a Tangled Web: Does Julie Taymor have a valid copyright in Spider-Man?

The backstage drama, from the classic 1950 film All About Eve to the new television hit Smash, is an oft employed narrative convention filled with juicy melodrama between show business colleagues set...

24 feb 12

Celebrity Trademark Watch: Is It Possible to Hip Hop to the Front of the Line?

Every now and then celebrities enjoy perks that you and I can only dream about. For the world’s newest music celebrity, Blue Ivy Carter, this is doubtless true as she has recently gotten some u...

14 feb 12

Fruit of the Poisonous Font: Owner Seeks Destruction of Materials Created With Copyrighted Font Sof...

A small law firm in Brooklyn appears to be developing a cottage industry in helping digital font foundries enforce copyrights in the software programs that create their typefaces. Last month, the Mar...

13 feb 12

Update: Oracle Refuses Significant Damages Reduction, Still Dazzled By Potential Billion-Dollar Ver...

When last we looked in on the dispute between Oracle and SAP after SAP’s acquisition of TomorrowNow revealed some unfortunate baggage in the form of extensive copyright infringement, Oracle was...

09 feb 12

Going Green and Seeing Red: Hybrid Car Buyers Steamed by Truthful MPG Claims

California resident Heather Peters recently made waves with her $9,857.19 small claims court victory against Honda for allegedly overstating the Civic Hybrid’s fuel economy. Claims that the car...

06 feb 12

Some Restrictions Apply: Ninth Circuit Restricts Scope of Nationwide False Advertising Claims

    In a ruling that may restrict the future viability of false advertising class actions, the Ninth Circuit recently overturned a lower court decision certifying nationwide class status to...

01 feb 12

Court Tells Louboutin To Take A Hike. And He Does. To the Second Circuit.

On Tuesday, high-end shoe designer Christian Louboutin told the Second Circuit that District Court Judge Victor Marrero got it wrong when he ruled that Louboutin failed to make a preliminary showing ...

31 jan 12

IP Dispatches from the Political Front: Mitt Slings Copyrighted Mud at Newt

   Along with January’s hot activity in the race for the Republican Presidential nomination, we also saw the emergence of two more stories about the intersection of intellectual prope...

30 jan 12

How to Protect Your Brand Without Being a Trademark Bully: Lessons from The North Face and Coke

    A version of this article, which was co-authored by Anthony E. Rufo, was reprinted in the World Trademark Review. How can the owners of famous trademarks enforce their rights witho...

25 jan 12

Congress Puts SOPA and PIPA on Hold

In the wake of last week’s web protests and media attention around pending anti-piracy legislation, leaders in both houses of Congress announced on Friday that they would indefinitely postpone ...

23 jan 12

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