Supreme Court Decision Opens Door to Fashion Design Copyright Protection

(March 25, 2017) Fashion designers might be able to stitch together copyright protection for their clothing thanks to the Supreme Court.

In a divided decision, the Supreme Court granted copyright protection to cheerleading uniforms because the chevrons, curves, stripes, angles, diagonals, and shapes are conceptually separate from the “utilitarian function” of the uniform.

This result comes after numerous failed attempts to include ...

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A Comma or Not a Comma Can Turn a Case

(March 20, 2017) The comma may be a small punctuation mark but its presence, or absence, can have a huge impact, as shown in an overtime dispute involving delivery drivers and a dairy.

The U.S. Court of Appeals for the First Circuit devoted 17 pages of a 29-page opinion to discussing the lack of a comma and its effect on the outcome of the case before finally deciding that the discussion “has, to be candid, not gotten us very far.”

The ...

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DHS and FBI Urge Organizations to Boost Cybersecurity to Avoid Russian Hackers

(January 3, 2017) The Joint Analysis Report on the Russian cyber activity in the recent election also serves as a warning to others of the need to implement best cybersecurity practices to protect computer systems.

The report by the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) found activity by Russian civilian and military intelligence services (RIS) “is part of an ongoing campaign of cyber-enabled operations directed at the U.S. government and its citizens. These cyber ...

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Adult Affairs Website AshleyMadison Settles with FTC on Breach

(December 15, 2016) The website designed to help adults have discrete affairs agreed to settle charges concerning its lack of adequate data security that exposed 36 million of its accounts to hackers in 2015.

AshleyMadison.com and its operating companies settled charges ashley-adthat they deceived consumers by claiming their data was secure and, that if they paid an additional fee, the ...

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Ransomware Attacks Climb in 2016

(December 14, 2016) Ransomware attacks continued to accelerate in 2016, both in terms of attacks and the variety of programs, a new report says.

kaspersky-security-bulletin-2016

From January to the end of September, attacks on businesses increased threefold from one every 2 minutes to one every 40 seconds. For individuals, attacks increased to one every 10 seconds from one every 20 seconds, the Kaspersky Security ...

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Jimmy John’s Abandons Non-Compete Agreements for Low-Paid Workers

(December 8, 2016) A settlement agreement with the Illinois Attorney General has torpedoed submarine sandwich maker Jimmy John’s non-compete agreements with low-paid workers and drivers.

Under the agreement, Jimmy John’s Enterprises LLC and Jimmy John’s Franchise LLC agreed to drop its requirement that all employees and drivers sign a non-compete. The non-compete had prohibited the low-wage employees from working for two years for another business earning more than 10 percent of its revenue from selling “submarine, hero-type, deli-style, pita, and/or wrapped ...

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Richard C. Balough Pens IICLE Copyright Chapter

(November 28, 2016) Richard C. Balough again is one of the contributing authors to the Illinois Institute for Continuing Legal Education’s (IICLE) publication Intellectual Property Law 2017 Edition. Mr. Balough wrote the chapter on Ownership and Transfer of Copyrights.

The guidebook was first published in 2005 and has been revised several times. Mr. Balough has been an author for each of its revisions, including the latest published on November 28, 2016.

IICLE is a not-for-profit 501(c)(3) organization dedicated to supporting the professional ...

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Baloughs Explain Ways to Avoid an IP Food Fight

(November 15, 2016) The question of how aspiring chefs can use trademarks, copyrights, and trade secrets to protect their valuable recipes and presentations was the focus of a presentation by Balough Law Offices, LLC to the Chicago Bar Assn.’s Creative Arts and Food Law Committees.

Cheryl Dancey Balough explained that while recipes themselves are not copyrightable, cookbooks may be. She also warned that depending upon the circumstances, the “background” music may need to be licensed.

However, there are other ways to protect ...

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FCC: ISPs Must Obtain Consent to Collect Consumer Sensitive Information

(October 27, 2016) Internet Service Providers (ISPs) must now obtain affirmative consent if they want to use and share sensitive personally identifiable information of consumers under new rules adopted by the Federal Communications Commission (FCC).

The FCC said the approved new rules “ensure broadband customers have meaningful choice, greater transparency and strong security protections for their personal information collected by ISPs.” The rules apply only to broadband carriers that fall under FCC jurisdiction and not to privacy policies of websites or ...

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FTC Issues Guide for Responding to a Data Breach

(October 25, 2016) Need guidance when your business suffers a data breach?ftc-guideline

The Federal Trade Commission (FTC) has released Data Breach Response: A Guide for Businesses both as a pamphlet and a video. It outlines the steps a business should take after a data breach. The booklet also includes a model notification letter to send when personally identifiable information is stolen.

The ...

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