Balough
November 10, 2014
A satellite radio provider cannot force arbitration of a dispute over unsolicited telephone calls because a buyer of a new vehicle cannot be expected to understand that purchasing a new vehicle would bind him to the radio provider’s contract, the Ninth Circuit found. The case involves a three-month free trial of Sirius XM satellite radio, […]
Balough
November 6, 2014
A patent troll company, its sole owner, and its law firm agreed that they engaged in deceptive practices according to a settlement with the Federal Trade Commission (FTC) after they sent out to thousands of small businesses threatening letters, some with draft complaints attached, with no intent to file any patent infringement lawsuits. The complaint […]
Balough
November 4, 2014
World Wrestling Entertainment, Inc. (WWE) may seize unauthorized merchandise sold around its live events without giving to the court in advance the names of those making the illicit sales. Whether the seizures may actually be made by the WWE’s “Enforcement Officials” or law enforcement officers will be up to the trial court, the Fifth Circuit […]
Balough
October 31, 2014
The president of a community college’s adjunct faculty union, who was fired after she sent a letter critical of the college, stated a cause of action for retaliatory discharge, the Seventh Circuit found. Robin Meade sent a letter to the League for Innovation in the Community College, in which she criticized the treatment of adjunct […]
Balough
October 28, 2014
AT&T Mobility throttled the data for millions of its customers who signed up for “unlimited” data plans even though the customers were told their use would not be limited, the Federal Trade Commission charged in a lawsuit. The complaint alleges that in 2010 AT&T ceased offering unlimited mobile data plans to new customers. Instead, new […]
Balough
October 24, 2014
Determining whether a copyright cause of action falls within the three-year statute of limitations requires looking to see if any infringement occurred during the three years prior to the filing date of the case, the Seventh Circuit says. Chicago Building Design, P.C. (CBD) designed the interior of Plan B, an upscale restaurant, which Mongolian House, […]
Balough
October 23, 2014
A company that designed an enclosure for electronic tablets cannot sue a manufacturer with whom it shared the design pursuant to a confidentiality agreement because the disclosing company failed to take reasonable measures to protect its trade secret. nClosures Inc. developed a metal case for electronic tablets such as iPads. In 2011, the company signed […]
Balough
October 11, 2014
A company that markets self-direct individual retirement accounts has filed an unfair competition and trademark infringement action against the United States over the use of the term “myRA” for the starter savings account proposed by President Obama. My Retirement Account Services, LLC in Murray, Kentucky, has a registered mark for a stylized design for “GetMyRA.com,” […]
Balough
October 7, 2014
A television reporter videotaped in her halter top at the pool of a person of interest in a notorious missing person case cannot sue a rival station for defamation, invasion of privacy, or the loss of her job, an Illinois appellate court ruled. The appellate court affirmed the trial court’s grant of summary judgment for […]
Balough
October 3, 2014
Two of the founders of The Turtles won a summary judgment on the issue of liability against Sirius XM Radio Inc., finding the satellite service liable because it did not have the right to broadcast the band’s original recordings. Howard Kaylan and Mark Volman own Flo & Eddie Inc., a company that owns the original […]
