Balough
August 15, 2019
(August 15, 2019) Can a QR code be too revealing and invade a person’s privacy? If it contains the account number of a consumer and it appears on a debt collection envelope, then it may be an illegal invasion of privacy. The Third Circuit affirmed a trial court’s finding that if a debt collector puts […]
Balough
August 12, 2019
(August 12, 2019) If a competitor uses your trademark to describe its own product, then you might not have an action for infringement of the mark. Trademarks are protected because they are an indicator of the source of the product. If a registered mark is used descriptively and not as a trademark by a competitor, […]
Balough
July 23, 2019
(July 23, 2019) A trial court properly reduced the damages awarded to an artist whose works were destroyed by his landlord because the jury award double counted the value of the missing artwork. Christian Narkiewicz-Laine leased space from the defendants but was not current on his rent, so defendants cleaned out the space throwing away […]
Balough
June 24, 2019
(June 24, 2019) The Supreme Court struck down the U.S. Patent and Trademark Office (“USPTO”) ban against registering marks that are “immoral” or “scandalous” because the restriction violates the First Amendment. The court found the USPTO erred in denying a trademark for FUCT for clothing. Under the Lanham Act, the USPTO may not register marks […]
Balough
March 28, 2019
(March 28, 2019) The European Union has modified its Digital Single Market directive on copyrights to make it easier for copyright holders to receive compensation when their works are used online in the member countries. The changes are in two areas: authors and performers whose work is posted online and press publishers. As to authors […]
Balough
March 21, 2019
(March 21, 2019) The question of damages in a copyright battle between Zillow and a professional photography company that takes pictures of houses for sale raises the important, but sometimes overlooked, question of whether to register images as a compilation or individually. The wrong decision could be costly. Zillow, the online real estate site, was […]
Balough
March 17, 2019
(March 17, 2019) Dum Dums spent $220,000 and 20 months to redesign its packaging in 2011, resulting in an increase in its share of the lollipop market. Its rival Charms Mini Pops took only five months and ignored its usual third-party consultant to come up with a package using elements of the Dum Dums’ package, […]
Balough
June 19, 2018
(June 18, 2018) Gatorade Company’s slogan “Gatorade the Sport Fuel Company” does not infringe on Sportfuel, Inc.’s trademark “Sportfuel” because Gatorade’s use merely describes the types of products sold and does not signify the source of the products, a federal judge ruled. Sportfuel, Inc., a Chicago-based sports nutrition and wellness consulting firm founded in 1993, […]
Balough
May 14, 2018
(May 14, 2018) By continuing to provide new designs for six years after an independent contractor agreement expired, a graphic design firm granted an implied license for its work. As a result, it could not sue for copyright infringement. LimeCoral, Ltd. prepared graphic designs for postings by customers of CareerBuilder, LLC. The parties originally had […]
Balough
April 23, 2018
(April 23, 2018) Not only did Naruto lose its “next friend” PETA, but now it has formally lost its appeal to assert a copyright claim for the famous Monkey Selfies. The Ninth Circuit found that the crested macaque, as a non-human animal, lacks “statutory standing” to maintain a cause of action for infringement under the […]
