Balough
April 29, 2021
(April 29, 2021) Federal appellate courts continue to disagree as to when a website must comply with the accommodations requirements under the Americans with Disabilities Act (“ADA”). The Eleventh Circuit reversed a trial court’s finding that Winn-Dixie Stores, Inc., a southeastern-based grocery store chain, violated the ADA because the legally blind plaintiff, Juan Gil, was unable […]
Balough
April 9, 2021
(April 9, 2021) That perfect job offer you receive from LinkedIn could be a sophisticated backdoor Trojan to take over your computer, according to eSentire, a cybersecurity solutions provider. The company found hackers are targeting professionals on LinkedIn using a malicious zip file. The hackers use the job position listed on the target’s LinkedIn profile. […]
Balough
December 18, 2020
(December 18, 2020) An attempt to boldly go where no mash-up of Dr. Seuss and Star Trek had gone before was squashed by the Ninth Circuit. ComicMix LLC created a mash-up using the Star Trek characters and Dr. Seuss’s works Oh, the Places You’ll Go! (“Go!”), How the Grinch Stole Christmas!, and The Sneetches and […]
Balough
December 11, 2020
(December 11, 2020) Whether customers are deceived by a label that says the product is “100% Grated Parmesan Cheese” is a fact issue that cannot be decided on a motion to dismiss, the Seventh Circuit found. The appellate court reversed the trial court’s dismissal of the case when the lower court ruled as a matter […]
Balough
November 11, 2020
(November 11, 2020) The Federal Trade Commission (“FTC”) confirmed what Zoom users who have been Zoombombed already know—the videoconferencing provider’s security was less than as hyped. The FTC alleged in a five-count complaint that Zoom Video Communications, Inc. mislead users about the security surrounding the use of its software that provides video online meetings either […]
Balough
November 1, 2020
(November 1, 2020) Blog posts, social media posts, and short online articles may now be registered with the U.S. Copyright Office as a group. The rule was established to help daily bloggers and other authors who write and publish online a high volume of works. The new registration called Group Registration for Short Online Literary […]
Balough
August 14, 2020
(August 14, 2020) Apple Inc. thinks an image of a pear is ripe for a trademark opposition case. Super Healthy Kids, Inc. filed with the U.S. Patent and Trademark Office for registration of a design mark in the outline of a pear with a leaf attached for an online app for organizing and planning meals […]
Balough
July 1, 2020
(July 1, 2020) A generic name combined with “.com” may be trademarked, the United States Supreme Court says, rejecting the U.S. Patent and Trademark Office (“PTO”) broad rule that combining a generic term with “.com” cannot be registered as a trademark. “Booking.com” sought to trademark the name of its website name, which is an online […]
Balough
June 13, 2020
(June 13, 2020) Cybercriminals are following workers to their homes as a result of the coronavirus pandemic to gain access to employer’s networks using COVID-19 themed phishing campaigns. Cyberattacks “in the COVID-19 era are focused on stealing your information and using remote employees as doorways into more valuable networks,” reports Malwarebytes Labs in a new […]
Balough
May 27, 2020
(May 27, 2020) There’s no clowning around in the case to determine who wrote Cathy’s Clown, the Everly Brothers’ famous song. Don Everly maintains he is the sole author but Phil Everly’s estate says they were co-authors of the 1960 song. In granting summary judgment to Don, a district court agreed that Don is the […]
