Text Message Must Be Authenticated Before Being Admitted

Text messages require the same authentication as other documents before they can be used as evidence, the Superior Court of Pennsylvania ruled. Noting that it was a case of “first impression,” the court found that text messages are intrinsic to the cell phones on which they are stored and “identifying information is contained in the […]
Continue Reading

Mobile Device Use by Children Prompts Review of COPPA Rules

The rapidly expanding use by children of mobile devices for social networking and interactive gaming has prompted the Federal Trade Commission (FTC) to propose changes to its Children’s Online Privacy Protection Rule.  The FTC seeks to expand the definition of “personal information” to include screen [names], user names, and persistent identifiers when the information is […]
Continue Reading

Balough Appointed Co-Chair of ABA Subcommittee on mCommerce

Richard C. Balough has been appointed co-chair of the mCommerce subcommittee of the American Bar Association’s Cyberspace Law Committee. The mCommerce subcommittee is a new committee that focuses on legal issues relating to mobile apps, wireless communications regulations, and mobile privacy and security.
Continue Reading

Cheryl Dancey Balough on IPLAC Board

Cheryl Dancey Balough has been elected to the board of managers of the Intellectual Property Law Association of Chicago (IPLAC). IPLAC’s members are legal professionals who focus their practice on intellectual property matters including copyrights, trademarks, and trade secrets.  IPLAC sponsors seminars and other educational events for its members and the public to promote a […]
Continue Reading

Balough Article on Smart Meter Privacy in Kent Law Review

An article on the privacy implications of smart electric meters by Cheryl Dancey Balough has been published by the Chicago-Kent Law Review. In the article, Ms. Balough discusses privacy issues that come into play when electriic utilities install smart meters for their customers.  Those issues include who has access to the information, what information is being distributed, […]
Continue Reading

Court Dismisses Apps Privacy Suit

A class action suit against Apple and some mobile device application developers for violating the privacy rights of users was dismissed by a federal court because the users did not show how they were harmed. The users claimed that Apple and the developers allow apps that run on iPhone, iPad, and iPod Touch to collect […]
Continue Reading

Pillow Fight Knocks Out Snuggly Plushez

A federal court has told Snuggly Plushez to stuff its Google AdWords campaign that uses its rivals Pillow Pets trademark. Snuggly Plushez makes a plush toy in the shape of an animal that unfolds into a flat pillow—the same product that its competitor CJ Products markets under the “Pillow Pet” name and other trademarks.  CJ Products […]
Continue Reading

FTC Slaps Mobile App Developer for COPPA

Broken Thumbs Apps got its wrist slapped by the Federal Trade Commission for illegally collecting children’s email addresses and other personally identifiable information. In the first FTC case against a mobile applications developer, the FTC found that several of Broken Thumbs apps were directed at children under 13.  In order to obtain the apps, the children […]
Continue Reading

Misusing Password for Facebook Is Identity Theft

A juvenile who gains unauthorized access to another’s Facebook page, alters the Facebook profile, and posts obscene messages on two friends’ walls commits criminal identity theft. A California appellate court upheld a juvenile court’s determination that the juvenile was guilty under the state’s criminal identity theft statute.  The law makes it a crime when a person […]
Continue Reading

Toilet Paper Trademark Flushed Away

Those quilted designs on toilet paper are functional and cannot be trademarked, the Seventh Circuit has found. The appellate court agreed that Georgia-Pacific’s trademark for its “Quilted Diamond Design” was invalid because the quilted design has “numerous utilitarian benefits, such as softness, comfort and absorption,” all functional features.  As a result, Kimberly-Clark’s Cottonelle brand cannot be […]
Continue Reading