WEBINAR: 13 Social Media Pitfalls to Avoid for the Generalist In-House Counsel

Social media platforms present countless opportunities for companies looking to connect to consumers and clients in real time. But, like so much else in our connected age, these opportunities come with a host of risks ranging from minor public relations blips to unpleasant regulatory run-ins with government agencies, and from DMCA takedowns to right of publicity lawsuits.

Foley Hoag presents a 60-minute webinar offering guidance on social media issue spotting for in-house legal practitioners,… More

Webinar: Protecting Product Configurations, Packaging and Designs: What In House Counsel Needs to Know

Product configuration and packaging play an integral part in consumer choice and can often set a particular product apart from its competition on the store shelf. Because companies heavily invest in creating unique product designs and packaging that encourage brand association, business owners should also consider protecting those investments as intellectual property.

This webinar offers guidance for in-house counsel regarding the different types of intellectual property that may protect product configurations and packaging in the United States,… More

API Copying Now Fair Game in the Wake of Supreme Court’s Decision in Google LLC v. Oracle America Inc.

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,… More

Webinar: Trademark Transactions for the Generalist In-House Counsel

Your company has invested in developing its goodwill and protecting its brands, and now seeks to bring in partners. Or perhaps your company seeks to grow by on-boarding third-party brands. Trademarks form a key asset in many business transactions, but overlooking important details and traps for the unwary can lead to unintended consequences. In this one-hour webinar, we cover the fundamentals of protecting trademark rights in the context of an array of transactions,… More

A Tale of Two Gorillas: An Underdog (Under-Ape?) Story

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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. … More

Webinar: Top IP Cases in 2020 In-House Counsel Need to Know

Looking Back to Look Ahead

Who said there’s no looking back? It is crucial to consider key takeaways from the most important IP cases from 2020 when planning for 2021. Foley Hoag will present a 60-minute webinar on Tuesday, February 9, 2021, offering guidance on what we learned last year and what to prepare for in the new year.

Our speakers will focus on 2020 developments in trademark,… More

Out With The Old, In With The Gatsby Sequels: Trademark and Copyright News for the New Year

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.… More

Watch Now: Advertising Best Practices for the Generalist In-House Counsel

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. A wrong step can result in serious consequences, including legal challenges from competitors, consumers, the Federal Trade Commission, and other regulatory agencies.

In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices. You will also learn what options are available if your competitors are making false or misleading statements in their advertisements.… More

Missing Appointments: Supreme Court Grants Certiorari in Arthrex v. Smith & Nephew

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.… More

Booking.whocares: SCOTUS Issues a Headline-Making Trademark Decision… But Does It Really Matter?

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. v. Booking.com B.V.  In addition to making history in the remote-work era, this case caught the attention of trademark lawyers and some mainstream media;… More

Watch Now: Trademarks for the Generalist In-House Counsel

Watch Now.

Trademarks – or brands – can be among a company’s most valuable assets. Some companies have enormous marketing departments focused on branding, while others have a single social media intern, but every company that provides goods or services is branding them somehow. Whether it’s your company name, specific product names, a logo, or something more unique, your business probably owns atleast one trademark –… More

Georgia On Our Minds: Annotations Authored by Legislators Not Eligible for Copyright Protection

On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v. Public.Resource.Org, Inc., referring us back to its very first copyright case and revisiting the government edicts doctrine for the first time in more than a century. The Court, applying logic from Wheaton v. Peters, along with Banks v.… More

SCOTUS Willfully Unfastens Infringer’s Profits From Its Mental State

Yesterday, the Supreme Court decided a trademark damages question that has long divided courts across the country.

For decades, a trademark owner’s chances of recovering an infringer’s profits in litigation varied depending on where the case was pending.  The Lanham Act allows an award of an infringer’s profits “subject to the principles of equity” – but what does that mean?  Can an unknowing infringer be on the hook for its profits,… More

CORONASPLOITATION-19: A Brief Survey of Recent COVID-19-Related Trademark Applications

Benjamin Franklin famously said that “nothing in this world can be said to be certain, except death, taxes, and the entrepreneurial spirit of Americans to turn a crisis into a business opportunity.”  That quote may not be entirely accurate, but the U.S. federal trademark register serves as a historical record of this entrepreneurial spirit, from the various applications related to 9/11 in the wake of that tragedy,… More

Supreme Court Says State Sovereign Immunity Sinks Pirate Shipwreck Copyright Suit

Edward Teach, more popularly known as Blackbeard, roamed the seven seas and terrorized merchant vessels off the U.S. and Caribbean coasts during the colonial period.  He ultimately met his demise when the colony of Virginia breached the sovereignty of neighboring North Carolina and hunted him down along the shores of the Outer Banks.  Three hundred years have since passed, and another case of state sovereignty arises as a result of the actions of Blackbeard,… More