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Searching Content indexed under Intellectual Property by Foley Hoag LLP ordered by Published Date Descending.
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1
IP And Advertising Basics For Cannabis Companies
Multi-state regulatory regimes as complicating factors.
United States
7 Aug 2019
2
Son Of Tam: Supreme Court Strikes Down Lanham Act Section 2(A) For "Immoral" And "Scandalous" Marks
In our prior blog entries here, here, here, here, here and here, we followed the course of Matal v. Tam, the case involving the mark "THE SLANTS."
United States
15 Jul 2019
3
Supreme Court To Decide Whether Trademark Owner Must Prove Willful Infringement To Obtain An Infringer's Profits
Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits
United States
15 Jul 2019
4
Federal Circuit Rejects State Sovereign Immunity Defense To Inter Partes Review
Last year, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., the Federal Circuit rejected the use of tribal sovereign immunity as a defense
United States
2 Jul 2019
5
Supreme Court: Copyright Owners Must Wait For Registration Certificate Before Suing
On March 4, 2019, the United States Supreme Court held that, with certain exceptions, a copyright owner must obtain a copyright registration certificate ...
United States
20 May 2019
6
EU Parliament Approves New Copyright Rules For The Internet
We had been following on this blog the heated debates around the proposed EU Copyright Directive. These debates now belong to history since on March 27, 2019, the European parliament adopted
European Union
11 Apr 2019
7
5 Legal Questions For Cannabis Packagers And Advertisers
With each passing year, the legalized cannabis industry grows as the stigma associated with it decreases.
United States
26 Mar 2019
9
SCOTUS Holds Copyright Owners Must Wait For Registration Certificate Before Suing
On March 4, 2019, the United States Supreme Court held that, with certain exceptions, a copyright owner must obtain a copyright registration certificate from the Copyright Office before filing a copyright infringement suit.
United States
13 Mar 2019
10
BIG MAC Trademark Not That Big In The EU: How Mcdonald's Failed To Prove Genuine Use Of Its EU Trademark
On January 11, 2019, the Cancellation Division of the European Union Intellectual Property Office ("EUIPO") rendered a surprising decision that revoked in its entirety ...
European Union
15 Feb 2019
11
Cultural And Intellectual Property Appropriation: Disputes Over Culturally-Inspired Fashions
If you haven't heard already, New York Fashion Week is here! As usual, a lineup of awe-inspiring shows is expected to roll out over the next several days
United States
14 Feb 2019
12
Law Students Seek To "Free Rapunzel From The Trademark Tower" By Opposing RAPUNZEL As A Trademark For Dolls
In an interesting case pending before the TTAB, law students from the Suffolk University IP and Entrepreneurship Clinic have opposed an application filed by United Trademark Holdings, Inc. to register RAPUNZEL as a trademark for dolls and toy figures.
United States
8 Feb 2019
13
Watch: Top IP Cases In 2018 In-House Counsel Need To Know
Who said there's no looking back? It is crucial to consider key takeaways from the most important IP cases from 2018 when planning for 2019.
United States
4 Feb 2019
14
Supreme Court Holds That Confidential Sales Still Qualify As Patent Prior Art
Earlier this week, the Supreme Court issued a unanimous opinion in Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., clarifying that a commercial sale of an invention more than one year before a patent application...
United States
30 Jan 2019
15
Intellectual Property Strategies For Start-Up Companies
We are pleased to announce a new addition to our collection of IP-focused blog posts directed to start-up companies, this one focusing on cybersecurity.
United States
28 Jan 2019
16
Smiles Like Teen Spirit: "Smiley Face" Copyright And Trademark Litigation
You may think the phrase "million-dollar smile" is just a metaphor, but a smile could cost you millions of dollars ...
United States
25 Jan 2019
17
USPTO, Copyright Office And Federal Courts Will Continue To Stay Open During The Shutdown
The shutdown of parts of the federal government began on December 22, 2018. The shutdown has now become the longest partial government shutdown in American history.
United States
24 Jan 2019
18
French Court Finds Jeff Koons Guilty Of Copyright Infringement Again
At the end of 2014 and beginning of 2015, the Pompidou Museum organized a retrospective of the work of Jeff Koons, which attracted thousands of visitors but gave rise to several lawsuits.
United States
21 Jan 2019
19
USPTO Announces Revised Guidance For Determining Subject Matter Eligibility
The U.S. Patent and Trademark Office (USPTO) issued new guidance effective January 7, 2019 to its examiners and administrative judges ...
United States
16 Jan 2019
20
Under The Sea: Sneaky Trademark Filings For Cautious Companies
The general rule of thumb for trademarks in the U.S. – and everywhere else, for that matter – is "the earlier, the better."
United States
14 Jan 2019
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