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Superheroes of copyright: when do fictional characters enjoy copyright protection?
  • Foley Hoag LLP
  • USA
  • March 8 2013

Several recent cases have highlighted the interesting issue of whether and when fictional characters - as distinct from the works they inhabit - are


Massachusetts Superior Court finds personal jurisdiction over foreign ski manufacturer where plaintiff purchased allegedly defective skis in Massachusetts from store located through search function on manufacturer’s website
  • Foley Hoag LLP
  • USA
  • January 26 2012

In Lafond v. Salomon North America, Inc., C.A. No. 2008- 1383 (Mass. Super. Dec. 19, 2011), plaintiff was injured when one of his ski bindings broke while skiing in Utah.


From the .xxx files: porn industry giants sue over new domain name registry
  • Foley Hoag LLP
  • USA
  • November 22 2011

The .xxx domain name registry was approved by ICANN and is now taking applications via your friendly neighborhood domain name registrar, so you would be forgiven for thinking that opponents of the .xxx domain are ready to move on and deal with the new regime.


Say good bye to Boston cream thigh: Caballero video gives up “Ben & Cherry’s XXX ice cream” franchise
  • Foley Hoag LLP
  • USA
  • August 1 2013

It turns out that the folks at Caballero Video were gentlemen after all, at least from Ben & Jerry's perspective. Last September, the ice cream


Pinterest's popularity soars, but (p)interesting copyright questions abound
  • Foley Hoag LLP
  • USA
  • March 5 2012

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.


Practice tips for employee IP assignment agreements
  • Foley Hoag LLP
  • USA
  • July 19 2012

A recent Federal Circuit decision discussing the effect of an Employee Intellectual Property Assignment Agreement upon the ownership of inventions made by the employee (Preston v. Marathon Oil Co., Nos. 2011-1013, -1026 (Fed. Cir. July 10, 2012) (decision here)) offers a number of practice pointers.


Lady Gaga: she's no (copyright) monster
  • Foley Hoag LLP
  • USA
  • May 17 2013

The federal district court in New Jersey has dismissed Stefani Germanotta, a.k.a. Lady Gaga, from a copyright lawsuit filed by composer and record


Porn parody or infringing pun? Ben & Jerry's brings trademark action against "porno's finest," Ben & Cherry's
  • Foley Hoag LLP
  • USA
  • September 10 2012

Last week, Ben & Jerry’s Homemade Ice Cream brought a trademark action in the Southern District of New York to put a stop to its naughty doppelganger, “Ben & Cherry’s XXX Ice Cream.”


Setting the record straight in the DCMA: UK blogger censored by questionable use of US copyright law
  • Foley Hoag LLP
  • USA, United Kingdom
  • August 14 2013

The Digital Millennium Copyright Act (DMCA) is sometimes criticized for creating more problems than it solves. Section 512 of the DMCA provides a


Website privacy policies - an extensive primer.....
  • Foley Hoag LLP
  • USA
  • December 1 2010

If your start-up's website will collect user information.... and chances are it will, you need to start thinking about your website privacy policy.