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(October 28, 2015) After apparently suffering its own confusion, the Ninth Circuit has withdrawn its opinion finding that Amazon.com’s search results caused initial interest confusion and now believes there is no confusion when the online retailer did not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
September 30, 2015
(September 29, 2015) Customers who say anything negative about a weight-loss supplement marketer would find their wallets a lot thinner as a result of a gag clause in the sales contract—a deceptive practice according to the Federal Trade Commission (FTC). The FTC sued Roca Labs, Inc. and Roca Labs Nutraceutical USA, Inc. alleging that the […]
Balough
September 16, 2015
(September 17, 2015) Here’s a list you probably don’t want your car to be in the top five: the most hackable cars on the road. PT&C LWG Forensic Consulting Services compiled a list of cars with the highest risk of being hacked. The top five and the reasons are: 2014 Jeep Cherokee, which it said […]
Balough
September 15, 2015
(September 14, 2015) Copyright owners must consider whether a potential infringer’s use is a fair use before it can send a takedown notice or it may face potential liability for bad faith notification, the Ninth Circuit said. Under the Digital Millennium Copyright Act, a copyright owner may request that an internet service provider take down […]
Balough
September 3, 2015
(September 2, 2015) If you are posting videos on YouTube touting a product and being paid to do so, you better disclose it or you will be subject to Federal Trade Commission (FTC) action for deceptive advertising. That’s the lesson that an online entertainment network learned. Machinima, Inc., entered into contracts with its “influencers,” whom […]
Balough
August 30, 2015
(August 30, 2015) One of the infamous copyright troll attorneys who sent thousands of shakedown letters to persons who allegedly illegally downloaded porn videos now faces an action brought by the Illinois Attorney Registration and Disciplinary Commission (ARDC). John L. Steele, who operated various law firms—including Prenda Law with Paul Duffy Steele Hansmeier and The […]
Balough
August 30, 2015
(August 30, 2015) Recent headlines raise the specter of hackers taking over today’s new cars. To help attorneys know what to tell their clients about this new development, Richard C. Balough will chair a panel on steering around the legal potholes of autonomous vehicles at the American Bar Association’s Business Law Section annual meeting in […]
Balough
July 22, 2015
(July 22, 2015) You have no reasonable expectation of privacy for conversations overheard when you make a pocket-dialed or butt-dialed call. As a result, the Sixth Circuit partially affirmed the dismissal of a civil case involving the unlawful interception of oral communications under the Omnibus Crime Control and Safe Street Act of 1968. The chairman […]
Balough
July 21, 2015
(July 21, 2015) Are Uber drivers independent contractors or employees? Apparently, the answer depends upon which Uber pleading you read. In an effort to dismiss a lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA), Uber argues that the text messages were sent for “job recruitment.” The job was to be a driver for […]
Balough
July 20, 2015
(July 20, 2015) Neiman Marcus credit card holders whose accounts were hacked will be able to proceed with a federal class-action lawsuit against the luxury brand retailer. The Seventh Circuit reversed a district court’s dismissal, finding that the plaintiffs sufficiently alleged they were harmed by a data breach that exposed 350,000 credit cards and where […]
