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 […]
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 […]
