Balough
January 5, 2016
(Jan. 5, 2016) It was a no brainer for the Federal Trade Commission (FTC) to charge the owner and marketer of the Lumosity brain-training program with deceiving customers through unsupported claims. Lumos Labs, Inc. d/b/a Lumosity, along with its co-founder and its chief scientific officer, agreed to pay $2 million in penalties and will notify […]
Balough
December 28, 2015
(December 28, 2015) Online users must be clearly warned when viewing “native advertising.” If not, the advertiser may be engaging in prohibited deceptive advertising, the Federal Trade Commission (FTC) warns. In a new “Native Advertising A Guide for Businesses,” the FTC notes that “advertisers are responsible for ensuring that native ads are identifiable as advertising […]
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 16, 2015
(December 16, 2015) A new surge in ransomware attacks is underway, posing a threat to businesses and consumers, Symantec Corporation says. The computer security company said attackers are encrypting files and demanding ransom by using an updated version of the ransomware program TeslaCrypt. Over the past two weeks, attackers have sent “out massive volumes of […]
Balough
December 14, 2015
(December 14, 2015) After you unwrap that new holiday drone, you’ll need to register it with the Federal Aviation Administration (FAA) before you fly it outside. The FAA announced that drones that weigh between a half pound and 55 pounds, including payload, and were purchased for use after December 21, 2015 must be registered before […]
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 22, 2015
(November 22, 2015) Cyberattacks on automobiles will increase in 2016 and beyond, “likely resulting in lost lives” according to McAfee Labs’ 2016 Threats Prediction. The problem is acute because there has been a rapid deployment of hardware in cars connected to the internet and much of the hardware is “built without foundational security principles,” leaving […]
Balough
November 17, 2015
(November 17, 2015) The Federal Trade Commission (FTC) is continuing its crackdown on dietary supplement marketers who cannot substantiate their health claims. The latest target is Sunrise Nutraceuticals, LLC. The company markets supplements that “purportedly increase the likelihood that a person will complete opiate withdrawal successfully and overcome opiate addiction.” However, the FTC alleges in […]
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. […]
