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(October 28, 2015) After apparently suffering its own confusion, the Ninth Circuit has withdrawn its opinion finding that Amazon.com’s search results caused initial interest confusion and now believes there is no confusion when the online retailer did not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 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 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 […]
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 16, 2015
(September 15, 2015) To avoid being deceptive, green seal certifications need to prominently state what makes the product green, the Federal Trade Commission (FTC) warned. The FTC sent letters to five providers of environmental certification seals and 32 businesses warning them that their seals could be deceptive and may not comply with the FTC’s environmental […]
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 9, 2015
(September 9, 2015) A parish priest must reveal the name of the author and produce a letter from a religious education volunteer asking for advice regarding what to do if a named boy engaged again in alleged improper sexual conduct with other minors. The Illinois Second District Court of Appeals said the content of the […]
