FCC: ISPs Must Obtain Consent to Collect Consumer Sensitive Information

(October 27, 2016) Internet Service Providers (ISPs) must now obtain affirmative consent if they want to use and share sensitive personally identifiable information of consumers under new rules adopted by the Federal Communications Commission (FCC). The FCC said the approved new rules “ensure broadband customers have meaningful choice, greater transparency and strong security protections for […]
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FTC Issues Guide for Responding to a Data Breach

(October 25, 2016) Need guidance when your business suffers a data breach? The Federal Trade Commission (FTC) has released Data Breach Response: A Guide for Businesses both as a pamphlet and a video. It outlines the steps a business should take after a data breach. The booklet also includes a model notification letter to send when […]
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Cheryl Balough Discusses Basics of Copyright Law

(October 19, 2016) Cheryl Dancey Balough presented on “Copyright Law Basics” to members of the Chicago Bar Association on October 18, 2016 as part of a continuing legal education program coordinated by the CBA’s Intellectual Property Committee. She discussed the requirements for a copyrightable work, authorship and ownership options, rights that a copyright owner enjoys, some […]
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FTC Shuts Down Tech Service Using Deceptive Pop-Up Ads

(October 12, 2016) A multi-national tech support group of companies, which used deceptive pop-up ads to scare consumers into believing their computers were infected, has been temporarily shut down by the Federal Trade Commission (FTC). The companies, which generally operate under the name Global Access Technical Support, use pop-up ads sometimes with a loud alarm […]
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Balough Uses Autonomous Vehicles to Explain IoT Intellectual Property Issues

(October 11, 2016) The intellectual property issues associated with autonomous vehicles provides a timely case study to assist business lawyers in advising their clients on use of the Internet of Things (IoT). In a presentation entitled “Autonomous Vehicles A Stalking Horse for Intellectual Property Rights in the Internet of Things,” Richard C. Balough explained how […]
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FTC Report Raps Patent ‘Troll’ Litigation Practices

(October 7, 2016) In its report of a new study on patent assertion entities (PAEs), the Federal Trade Commission (FTC) carefully avoids the term patent troll while finding that “Litigation” PAEs account for 96 percent of patent infringement lawsuits but generate only about 20 percent of patent license revenues of those PAEs studied. The report, […]
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Trader Joe’s May Pursue Trademark Case Against Canadian Reseller

(August 29, 2016) An appellate court found that Trader Joe’s may proceed with a trademark case in the United States against a Canadian citizen for trademark infringement in Canada. Michael Hallatt buys Trader Joe’s Company products in the United States, which he resells in a Canadian store he operates as Pirate Joe’s. Trader Joe’s, a […]
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Did Scrapbook Reveal KFC Trade Secret Recipe?

(August 28, 2016) Did the nephew of Col. Sanders just give away the family secret 11 herbs and spices used in the KFC recipe? That’s what the Chicago Tribune thinks. A reporter says 67-year-old Joe Ledington showed him a family scrapbook that included a copy of Claudia Sanders’ will. She was the colonel’s second wife. […]
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Where’s the Beef? Court Finds Burger Ad Not Copyrightable

(August 14, 2016) Culver may have had a cow over Steak n Shake’s copycat television commercial, but a federal judge found the original commercial lacked “the necessary modicum of creativity to give rise to copyright protection” required for a copyright infringement lawsuit. Culver Franchising System, Inc. developed a commercial with a white-aproned butcher touting the quality […]
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Trademark Suit Out of Sync with Copyright Infringement

(July 26, 2016) A karaoke track distributor’s attempt to claim trademark infringement for what really was copyright infringement hit a sour note with the Seventh Circuit. Phoenix Entertainment Partners, formerly Slep-Tone, distributes karaoke accompaniment tracks under the trademark Sound Choice to bars. Because of changing technology, the company allows its customers to transfer the tracks […]
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