Balough
September 5, 2014
Google, Inc. must pay back to customers at least $19 million in unauthorized charges incurred by children using mobile apps downloaded from the Google Play app store for Android mobile devices. The payment settles a complaint brought by the Federal Trade Commission (FTC), which alleges Google engaged since 2001 in “unfair” commercial practices by billing […]
Balough
September 4, 2014
What should business lawyers tell clients who want to use drones in their business? This emerging legal issue was discussed by a panel moderated by Richard C. Balough at the American Bar Association’s Business Law Section annual meeting. The legal status of commercial drones is open for debate as businesses attempt to use the unmanned […]
Balough
August 29, 2014
FedEx Ground delivery drivers are employees, not independent contractors, under California’s labor laws, the Ninth Circuit found, reversing a summary judgment for the delivery service. The drivers filed suit for employment expenses and unpaid wages under the California Labor Code on the ground that FedEx had improperly classified the drivers as independent contractors. The case […]
Balough
August 28, 2014
Patent trolls will need to provide basic information to Illinois businesses concerning the patent in question and how the patent is being infringed beginning in January 2015 as the result of new legislation signed into law. The amendment to the Illinois Consumer Fraud and Deceptive Business Practices Act (Act) is designed to target patent trolls, which […]
Balough
August 18, 2014
While the monkey who shot a selfie that created an interesting copyright question can’t sell her image, the photographer whose camera was used is giving away an 8 x 12 canvas of the image to each person who requests one and donating £1 per canvas to the Sulawesi crested black macaques Conservation Programme in Indonesia. […]
Balough
August 15, 2014
There is no trademark confusion between an actual computer program and a fictitious program with a similar name used in the Batman movie The Dark Knight Rises. The Seventh Circuit affirmed a trial court’s granting of a motion to dismiss a trademark infringement action brought by Fortres Grand Corporation, which argued that sales of its […]
Balough
August 4, 2014
The case of Sherlock Holmes attempt to demand a license fee for expired copyrights now includes a new chapter: awarding attorneys’ fees to the plaintiff who challenged the “unlawful business strategy.” The Seventh Circuit found that Conan Doyle Estate, Ltd. must pay the attorneys’ fees for Leslie Klinger, who won a declaratory judgment that he […]
Balough
July 30, 2014
An alliance of music copyright owners sued General Motors Co. and Ford Motor Co. for infringement by not paying royalties for the devices installed in their cars that record CDs. The Alliance of Artists and Recording Companies, Inc. (AARC) alleges that the auto makers and their suppliers are liable for copyright infringement for audio equipment […]
Balough
July 25, 2014
While customers can’t order a BigMac, fries, and five gallons of diesel fuel, the U.S. Patent and Trademark Office found BioMcDiesel would create a likelihood of confusion with the famous McDonald’s family of marks and denied registration of the proposed trademark. Joel Joseph filed an intent-to-use application to register the mark BioMcDiesel for biodiesel fuel. […]
Balough
July 24, 2014
A lawsuit by John Travolta’s former pilot to determine if a confidentiality agreement bars the pilot from telling all about his personal relationship with the movie star is staying alive after a California appellate court affirmed the denial of Travolta’s SLAPP motion. Douglas Gotterba was an airplane pilot for Alto, Inc., which provided Travolta with […]
