Balough
July 22, 2014
The Federal Trade Commission (FTC) has taken action against a company that licenses a certificate that a product is “Made in USA” yet takes no steps to ensure that the products are in fact made in the USA. Made in the USA Brand, LLC, based in Ohio agreed to an FTC consent decree requiring the company […]
Balough
July 11, 2014
Amazon.com, Inc. billed parents for millions of dollars for in-app charges made by their children without parental approval, the Federal Trade Commission (FTC) charged. Amazon offers for sale and download apps, including games that children like to play, the FTC complaint alleged. Within the games are virtual items that are paid via the credit card that […]
Balough
July 2, 2014
A New York county cyberbullying law is unconstitutional because it was too broad and violated the right to free speech under the First Amendment. Albany County in New York outlawed cyberbullying against “any minor or person” situated within the county. Specifically, the law criminalizes “any act of communicating . . . by mechanical or electronic […]
Balough
June 26, 2014
Recognizing the vast trove of personal information on today’s smart phones, the Supreme Court found that a warrant is necessary before police search a person’s cell phone after an arrest. The issue before the court involved a “search incident to arrest,” that is, what can the police search following an arrest. The defendants in two […]
Balough
June 25, 2014
Streaming television programs on request via the Internet using a remote antenna is a direct infringement of the program’s copyright, the U.S. Supreme Court ruled, reversing an appellate court that found the practice did not violate the U.S. Copyright Act. The Supreme Court in a 6-3 decision said Aereo, Inc.’s practice was no different than […]
Balough
June 18, 2014
It’s elementary, says Judge Posner. Because the copyrights have expired, there is no protection of early Sherlock Holmes stories. The Seventh Circuit affirmed the trial court’s summary judgment finding that the proposed publication of a sequel to an anthology consisting of “stories written by modern authors but inspired by, and in most instances depicting, the […]
Balough
June 17, 2014
A Cincinnati BenGals cheerleader cannot sue a website that hosted allegedly defamatory posts about her, even though the website edited and added comments about the posts, the Sixth Circuit Court of Appeals found. The appellate court reversed the trial court’s finding that the website was not immune under the Communications Decency Act of 1996 (CDA) […]
Balough
June 16, 2014
A lawsuit between two competitors over the labeling of a pomegranate-blueberry juice blend may proceed under the Lanham Act and is not precluded by the Federal Food, Drug, and Cosmetic Act (FDCA), the U.S. Supreme Court found. The decision reverses both the trial court and appellate court, which found that POM Wonderful LLC could not […]
Balough
May 27, 2014
Not surprisingly, a Federal Trade Commission (FTC) report finds that data brokers who gather massive amounts of data about consumers operate with a fundamental lack of transparency. The report, Data Brokers: A Call for Transparency and Accountability, recommends federal legislation to make the practices more transparent and give consumers greater control over their personal information. […]
Balough
May 23, 2014
A pamphlet with guidelines for privacy and do not track policies for websites and mobile apps is available from the California Attorney General (AG). While the guidelines focus on California law, it is helpful for websites based outside of California that collect personal data of California residents. In the past, California has been at the […]
