Balough
December 23, 2013
The use of a mother and her daughter’s images without their written permission on the cover of a media kit used to generate advertising revenue for a monthly publication violates the Illinois Right of Publicity Act, an Illinois appellate court found. McHenry County Living magazine originally took the photograph when it selected the mother’s garden as […]
Balough
December 23, 2013
A scam that induces businesses to pay for listing in a useless online marketing directory has been temporarily enjoined and the company’s United States assets frozen in a court action brought by the Federal Trade Commission (FTC). Since at least 2000, Construct Data Publishers, which is also known as Fair Guide, induced businesses and nonprofit organizations […]
Balough
December 23, 2013
The Illinois Commerce Commission must consider comments made by ratepayers at public forums and on the Commission’s own website before setting new utility rates. Lake Wildwood Association and Apple Canyon Lake Property Owners’ Association filed an appeal after the Illinois Commerce Commission (ICC or Commission) struck all references in their joint brief to public comments […]
Balough
December 23, 2013
Richard C. Balough authored one of the chapters in Intellectual Property Law 2013 published by the Illinois Institute for Continuing Legal Education (IICLE). Mr. Balough’s chapter concerns the ownership and transfer of copyrights. The handbook was first published in 2005 and is designed to help practicing attorneys. Mr. Balough has contributed to each edition of the book.
Balough
December 23, 2013
A personal injury law firm can buy search terms using the names of a competing law firm’s partners without violating Wisconsin’s privacy laws because the use of the names is “non-visible,” an appellate court found. The state’s privacy statute includes as an “invasion of privacy” the “use, for advertising purpose or for purposes of trade, […]
Balough
December 23, 2013
Mobile devices made by HTC America, Inc. contain serious security flaws, which allow the phones to send their own text messages, send personally identifiable information to third parties, and even activate the microphone to listen to conversations, according to a proposed HTC America consent decree with the Federal Trade Commission (FTC). The FTC’s complaint against HTC America noted that […]
Balough
December 23, 2013
The outtakes from a documentary film produced by Ken Burns and others on the Central Park Five are protected from discovery under the First Amendment. In 2012, Florentine Films released The Central Park Five, a documentary film. Florentine Films group includes Ken Burns, David McMahon, and Sarah L. Burns. The Central Park Five were convicted for the 1989 […]
Balough
December 22, 2013
Cracker Barrel Old Country Store, Inc. has sliced it a bit too thin for Kraft and its Cracker Barrel cheese. Kraft Foods Group Brands LLC has asked a Chicago federal court to find that Cracker Barrel Old Country Store crossed the line when it announced in November 2012 that it will begin selling luncheon meats, […]
Balough
December 22, 2013
The law of geolocational privacy continued to evolve in 2012 even though the Supreme Court sidestepped the issue in a potential landmark case. Despite the lack of clarity from the Supreme Court, there will be more attention to geolocational privacy in 2013 both in courts and through legislation, according to a legal survey article appearing […]
Balough
December 22, 2013
Today’s cars are computers on wheels, open to hackers who can infect cars with malware and take control of a car’s speed, braking, and other vital systems. Whether today’s laws are applicable to these cyber-threats was the focus of a presentation to the American Bar Association’s Cyberspace Law Institute by Richard C. and Cheryl Dancey […]
