Balough
February 15, 2016
(February 15, 2016) A driverless car does not have a human behind the wheel, which creates a problem for complying with various federal safety standards designed for vehicles with human drivers. The self-driving vehicles (SDV) being developed by Google, Inc. lack, among other things, steering wheels, accelerators, and brake pedals because the cars are controlled […]
Balough
December 23, 2015
(December 23, 2015) The restrictions prohibiting the registration of trademarks that are scandalous, immoral, or disparaging violates the First Amendment and are unconstitutional, the Federal Circuit found. Section 2(a) of the Lanham Act bars the Patent and Trademark Office (PTO) from registering marks that consist of immoral, deceptive, or scandalous matters or which may disparage […]
Balough
December 8, 2015
(December 8, 2015) Maybe the Cookie Monster will need to decide this trademark case. Pepperidge Farm, Inc. alleges in a recently-filed lawsuit that Trader Joe’s Crispy Cookies infringes the Milano cookie configuration trademark. The suit claims the cookie’s shape constitutes trademark infringement, trademark dilution, and unfair competition. Pepperidge Farm has a registered mark for the […]
Balough
December 1, 2015
(December 1, 2015) Cars are computers on wheels and modifying their software may violate copyright laws. But thanks to the U.S. Copyright Office, it will be a “fair use” for owners to make most changes to their car’s software. The Digital Millennium Copyright Act (DMCA), 17 U.S.C. Sec. 1201(a)(1), prohibits unauthorized persons from accessing copyrighted […]
Balough
November 6, 2015
(November 6, 2015) Don’t have time to draft a response to your emails? No need to worry. Gmail will draft a response for you. Google is rolling out a new Gmail feature called Smart Reply, which determines what emails need an answer and then gives you three suggested responses based upon the emails you receive. […]
Balough
October 28, 2015
(October 28, 2015) After apparently suffering its own confusion, the Ninth Circuit has withdrawn its opinion finding that Amazon.com’s search results caused initial interest confusion and now believes there is no confusion when the online retailer did not disclose that it does not offer the brand being searched. In its original opinion issued in July […]
Balough
October 9, 2015
(October 9, 2015) A sequence of twenty-six yoga poses and two breathing exercises by Bikram Choudhury is not copyrightable because it is an unprotected system or idea. The Ninth Circuit affirmed a district court ruling throwing out a lawsuit brought by the self-proclaimed “Yogi to the stars.” According to the appellate court, Choudhury developed over […]
Balough
September 30, 2015
(September 30, 2015) One man’s weed is another man’s native plant, which caused Appellate Court Judge Richard Posner to write a 16-page opinion on whether Chicago’s weed ordinance is unconstitutional. Discount Inn, Inc. sought to have the city’s weed ordinance, which allows the city to fine a property owner when the average height of weeds […]
Balough
September 22, 2015
(September 22, 2015) Naruto is not monkeying around with his famous selfie. The crested macaque who gained world-wide fame with his monkey selfies has filed a copyright infringement lawsuit against David Slater, the photographer whose camera was used to take the picture, and his publisher. Actually, the lawsuit was filed by the People for the […]
Balough
September 22, 2015
(September 21, 2015) The copyright holder of an unflattering and embarrassing candid photograph cannot stop the use of his image in several scathing blog posts because it is a fair use. Raanan Katz is a minority investor in the Miami Heat basketball team and a commercial real estate tycoon who owns and operates shopping centers […]
