TinyCo Violated COPPA with Its Kids’ Mobile Apps

TinyCo, Inc. got into big trouble with the Federal Trade Commission for collecting email addresses from children under 13 who used the company’s kid’s mobile apps. The company, which offers mobile apps for free download from Apple’s App Store, Google Play, and the Amazon Appstore, agreed to delete the improperly collected data and pay a […]
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What Was Left Not Enough for Copyright Infringement

The image of the Madison, Wisconsin mayor on tee shirts and tank tops was so altered that not enough of the underlying photograph remained to support a copyright infringement lawsuit, the Seventh Circuit found. The tee shirts and tank tops were sold in connection with the Mifflin Street Block Party, which Mayor Paul Soglin wants […]
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Balough Named Vice Chair of ABA Cyberspace Committee

Cheryl Dancey Balough has been named the vice chair of the Cyberspace Law Committee of the Business Law Section of the American Bar Association. The Cyberspace Law Committee provides a forum for the analysis of corporate, transactional, and regulatory issues related to the Internet and digital technologies.  The Committee works in a wide range of […]
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Getty Hits Microsoft with Copyright Infringement Action for Bing Widget

The Bing Image Widget had a short fling on the Internet before a copyright infringement lawsuit by Getty Images caused Microsoft to take the widget down. The widget, which was released on August 22, 2014, allows website publishers to embed a panel on their websites that displays digital images supplied by Microsoft through its Bing […]
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Google Must Refund Unauthorized In-App Charges Made by Children

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 […]
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Balough Moderates Legal Panel on Commercial Drone Use

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 […]
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Despite Contract Language, FedEx Drivers Are Employees, Not Independent Contractors

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 […]
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Illinois Prohibits Deceptive Patent Troll Communications

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 […]
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Does Monkey Own Copyright in Selfie?

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. […]
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No Trademark Infringement by Fictitious Batman Clean Slate Program

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 […]
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