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Making Your Mark

Trademark, Copyright and Ad Law Unraveled


Providing practical knowledge, interesting updates and insights for companies and legal practitioners to help navigate complex trademark, copyright, advertising and related legal issues

Intellectual Property Blog
Upcycling at the Super Bowl
BlogFebruary 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…
How Original! The Oscars and the Craft of Derivative Works
BlogFebruary 07, 2024
Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in fact, adaptations of existing art…
Five Trademark Questions to Ask in the New Year
BlogJanuary 03, 2024
As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often.  It misses you! Here are a few productive questions to ask: Do your registrations cover your reality?  You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO.  Or perhaps your business has expanded or evolved…
How Do You Like Them Apple (Trademarks)? Malus Musings on Brand Protection
BlogOctober 26, 2023
With “spooky season” dominating October holiday talk, it's easy to forget poor old National Apple Day or simply Apple Day, which took place last Saturday and is observed every October 21. According to Wikipedia, one can celebrate Apple Day in any number of ways, from “apple games in a garden to large village fairs with cookery demonstrations, games, apple identification, juice and cider, gardening advice, and the sale of many hundreds of apple varieties.” Those activities are all well and……
Cannabis Health Claims Face Increased Scrutiny As More States Roll Out Recreational Dispensaries
BlogJanuary 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……
API Copying Now Fair Game in the Wake of Supreme Court's Decision in Google LLC v. Oracle America Inc.
BlogApril 21, 2021
The decade-long dispute between Google LLC and Oracle America Inc. has now ended with the Supreme Court ruling 6-2 in favor of Google.  This dispute concerned Google's use of Oracle's “declaring code” – software that provides a list of functions and definitions that specify the parameters of application program interfaces (APIs) – in Google's Android operating system.  APIs allow different software programs to work together.  In creating Android…
A Tale of Two Gorillas: An Underdog (Under-Ape?) Story
BlogMarch 11, 2021
March 8 was, according to questionable sources, National Retro Video Game Day in the US.  As one of Foley Hoag's several resident video game nerds, this reminded me of one of my favorite video-game-related IP disputes. In the 1970s, a nearly century-old Japanese playing card company called Nintendo started to branch out into electronic gaming, and in 1979 started a coin-operated arcade gaming division…
Out With The Old, In With The Gatsby Sequels: Trademark and Copyright News for the New Year
BlogFebruary 01, 2021
Most of us were thrilled to see the calendar turn to 2021 on January 1, closing the chapter on what was an extremely challenging year around the globe. Now that we are a month into the new year, and the fireworks have faded and the noisemakers are packed away, we take a moment to highlight a few notable developments in the IP world that made a somewhat quieter entrance on the scene when the clock struck midnight…
Missing Appointments: Supreme Court Grants Certiorari in Arthrex v. Smith & Nephew
BlogOctober 20, 2020
While all eyes have been trained on the confirmation hearings from last week, the Supreme Court made news in the IP world. The Court granted certiorari in Arthrex v. Smith Nephew (Nos. 19-1434, -1452, -1458), a decision analyzing the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2. In Arthrex, a panel of the Federal Circuit held that the statutory scheme for appointing administrative patent judges (APJs) of the Patent Trial and Appeal Board violates the Appointments Clause…
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ABOUT

Foley Hoag’s Making Your Mark 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.