Balough
October 28, 2014
AT&T Mobility throttled the data for millions of its customers who signed up for “unlimited” data plans even though the customers were told their use would not be limited, the Federal Trade Commission charged in a lawsuit. The complaint alleges that in 2010 AT&T ceased offering unlimited mobile data plans to new customers. Instead, new […]
Balough
October 24, 2014
Determining whether a copyright cause of action falls within the three-year statute of limitations requires looking to see if any infringement occurred during the three years prior to the filing date of the case, the Seventh Circuit says. Chicago Building Design, P.C. (CBD) designed the interior of Plan B, an upscale restaurant, which Mongolian House, […]
Balough
October 23, 2014
A company that designed an enclosure for electronic tablets cannot sue a manufacturer with whom it shared the design pursuant to a confidentiality agreement because the disclosing company failed to take reasonable measures to protect its trade secret. nClosures Inc. developed a metal case for electronic tablets such as iPads. In 2011, the company signed […]
Balough
October 15, 2014
The parents of a 13-year-old may be liable for negligence by failing to compel their son to remove a fake Facebook page that remained online for nearly a year, when the Facebook page contained libelous, racist, and sexual content about a female classmate. The boy, along with another classmate, created a fake Facebook page on […]
Balough
October 11, 2014
A company that markets self-direct individual retirement accounts has filed an unfair competition and trademark infringement action against the United States over the use of the term “myRA” for the starter savings account proposed by President Obama. My Retirement Account Services, LLC in Murray, Kentucky, has a registered mark for a stylized design for “GetMyRA.com,” […]
Balough
October 7, 2014
A television reporter videotaped in her halter top at the pool of a person of interest in a notorious missing person case cannot sue a rival station for defamation, invasion of privacy, or the loss of her job, an Illinois appellate court ruled. The appellate court affirmed the trial court’s grant of summary judgment for […]
Balough
October 3, 2014
Two of the founders of The Turtles won a summary judgment on the issue of liability against Sirius XM Radio Inc., finding the satellite service liable because it did not have the right to broadcast the band’s original recordings. Howard Kaylan and Mark Volman own Flo & Eddie Inc., a company that owns the original […]
Balough
October 1, 2014
The topic of “It’s on the Internet so it must be true and other technology myths” will be discussed by Richard C. Balough as part of a panel at the Chicago Bar Association’s Solo and Small Firms Committee. The discussion is designed to assist small law firms understand the technology available for the practice of […]
Balough
September 24, 2014
For some miners of Bitcoins who got the shaft from Butterfly Labs, the Federal Trade Commission offered some solace by obtaining a court order to shut down the company and freezing its assets. The FTC sued BF Labs, Inc., which did business as Butterfly Labs. The company sold Bitcoin mining machines, which actually are high-speed, specialized […]
Balough
September 18, 2014
A claim that a website negligently failed to warn users about sexual predators contacting and raping women who used the site is not barred by the Communications Decency Act (CDA), the Ninth Circuit found. The appellate court reversed a district court’s ruling that Internet Brands, Inc., which operates modelmayhem.com, was immune from a negligence claim […]