It’s been a few years since we first wrote about the 5Pointz dispute, where graffiti artists first tried to prevent the destruction of their works by the owner of the spray-painted buildings, and then sought money damages for their destruction. Gerald Wolkoff, who initially allowed and encouraged the creation of the artwork on his buildings, is widely portrayed as the “bad guy” in this story. … More
Monthly Archives: February 2018
On past Presidents’ Days, we have discussed the critical roles in the development of U.S. copyright law played by Abraham Lincoln (who extended copyright protection to photographs) and George Washington (whose correspondence was at the center of the dispute that gave rise to the fair use doctrine). This year, it’s Gerald Ford’s turn to ascend to our Mount Rushmore of Copyright.… More
Congratulations to Trademark and Copyright Law Blog co-editor Natasha Reed and author Josh Jarvis on their appointment as Co-Chairs of Foley Hoag’s Trademark, Copyright & Unfair Competition practice group. To celebrate their ascension, we asked them to interview each other about their practices, their histories, and their thoughts on trademark and copyright law.
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Natasha: First question!… More
The past year has been an active one in the chocolate trademark wars, as confectionery giants attempt to use trademark law to protect the shapes of iconic candy products. In the US, and in many other jurisdictions, companies can protect product shapes or configurations, but only if they are sufficiently distinctive that the design functions as an indicator of source. Chocolatiers have had varying degrees of success in convincing trademark offices and courts that their confections have attained that status. … More
The Intersection of Trademarks, Advertising and Corporate Social Responsibility
Protecting the value of your corporate brand is a critical mission. As companies are increasingly asked to make disclosures regarding their efforts to address social and environmental risks, these disclosures create both opportunities and challenges for those entrusted with protecting a company’s intangible assets.
In this webinar, we explore the interrelationship between trademarks, false advertising and emerging compliance requirements in the field of corporate social responsibility (CSR).… More
New York Fashion Week (NYFW) 2018 kicks off on Thursday, February 8 through Friday, February 16, with a full schedule of exciting and exhilarating runway shows. This year’s designers include many of the usual faces, like Tom Ford, Ralph Lauren, and Jason Wu, to name a few. As usual, there is some controversy concerning designers that are notably missing from this year’s schedule, like Georgina Chapman’s label Marchesa.… More
In my never-ending quest to write articles that my children would read, I bring you the case of Grumpy Cat.
The guardians of Grumpy Cat (whose actual name is Tardar Sauce), through its company, Grumpy Cat Limited, developed a cottage business in commercially exploiting the likeness of Grumpy Cat for use on, among other things, T-shirts, coffee mugs, books and calendars. … More
With the first retail sales of adult use marijuana slated to take place in just over five months, the Massachusetts Cannabis Control Commission (the “Commission”) is working overtime to regulate an industry that some project will exceed $1 billion in revenue by 2020. As the July 1st target date for the opening of retail cannabis shops approaches, one area that will undoubtedly become the focus of much attention is the ability of retailers to market their wares. … More