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News & Analysis as of

A Window into the Future for Apple’s Trade Dress?

A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below...more

Battle of the ANDROIDS

Erich Specht, et al., v. Google, Inc. - In a decision that provides useful guidance on what constitutes abandonment, the U.S. Court of Appeals for the Seventh Circuit upheld a district court ruling that Google did not...more

Business Litigation Report -- May 2014

In This Issue: - Main Article: ..Cloud Computing Is a Hot Topic… in Business and the Courtroom - Noted With Interest: ..Garlock: Lifting the Veil on Asbestos Trust Claims - Practice Area...more

API Copyright Update: Oracle wins this round

The basic question “are APIs eligible for copyright protection?” has consumed much analysis (and legal fees) during the lawsuit between Oracle and Google, which started in 2010. The basic premise of Oracle’s complaint...more

Common Flaws in Computer Fraud Class Actions: Lawsuits claiming unauthorized use of smartphone tracking technology are lacking key...

A number of class actions have recently been filed in federal district courts, predicated, in part, on alleged violations of the federal computer crime statute, the Computer Fraud and Abuse Act, complaining of tracking...more

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases, Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store!...more

New Cellphone Promises Array of Built-in Privacy Features

Consumers will soon have access to a smartphone that automatically encrypts calls and texts, and provides anonymous web browsing, according to reports about the "Blackphone."...more

Wearable Computing—The Next Front in the Smartphone Wars?

The rapidly shrinking size of computer components and the development of high-speed wireless signaling technologies have made mobile computing devices ubiquitous. Users can now access data and applications from virtually...more

FTC says app developers must shine more light on how they use data

When your own flashlight is spying on you, something is wrong. That, at any rate, is the Federal Trade Commission’s thinking in a case that illustrates how, in today’s electronic world, privacy concerns can lurk in the most...more

FTC Expands Reach on Conspicuousness of Privacy Disclosures in Settlement with Android Flashlight App

An FTC settlement with a mobile app over its privacy disclosures alleged to be deceptive may seem to be run-of-the-mill. After all, the FTC has been settling cases for years with companies whose data collection and use...more

API Copyright Update: Oracle & Google …and Harry Potter

In the long-running litigation (and hey, is there any litigation that isn’t “long-running”?) between Oracle and Google, a US court decided in 2012 that APIs in this case were not eligible for copyright protection. This meant...more

Activity at the Federal Trade Commission

There is much going on at the Federal Trade Commission (FTC) these days, particularly in the privacy arena. In addition to the settlements discussed below, today the White House confirmed that President Obama will nominate...more

Navigating The Rocky Shoals Of Software Copyrights

Originally published in Chapter 17 of the State Bar of Texas - Advanced Intellectual Property Law. Contents: I. Introduction II. In Which Our Hero is Dashed on the Rocky Shoals of Software Coypright A....more

An APP STORE by Any Other Name Would Still Smell Like Apples

I use a well-publicized decision to teach some important concepts about intellectual property law to non-specialists. The idea is that non-specialists, even non-lawyers, would benefit from this basic knowledge, even if they...more

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