Mobile Apps

News & Analysis as of

Fuel for the Flames

A company called WildFireWeb is suing Tinder, Inc. in the Central District of California for allegedly infringing on its TINDER mark. For those who don’t know what Tinder, Inc.’s TINDER is, it’s a dating application that...more

A Purr-fect Opinion on Copyright Registrations

Order Granting Defendants’ Motion to Dismiss, Epikhin et al. v. Game Insight N.A., et al., 5:14-cv-4383 (Judge Lucy Koh) - Cat videos are one of the most popular types of user-uploaded Internet videos. It is...more

What App Users Care About When Sharing Personal Data: Permissions

The latest Pew Research Center Report relayed useful information regarding application users’ concerns with sharing personal data. Ninety percent of app users indicated that how their personal data will be used is “very” or...more

Eleventh Circuit Affirms That Users of Free Mobile Applications Are Not Subscribers Under the Video Privacy Protection Act

The Video Privacy Protection Act was enacted in 1988 following the publication of Supreme Court nominee Robert Bork’s family video rental records. The Act generally prohibits “video tape service providers” from knowingly...more

Privacy Tip #8 – How teachers can assist students to be safe online

It is scary to read the headlines that kids become victims of crimes, some of them horrific, because of online activity. Kids are naive and susceptible to online predators. Parents must be vigilant in educating their children...more

CFPB Report Addresses Use of Mobile Financial Services by Underserved Populations

On Wednesday, the Consumer Financial Protection Bureau (CFPB) issued a report regarding the use of mobile financial services (MFS) by underserved populations. The CFPB was clear that the report was not “intended to identify...more

If It's Worth It, You Should Work It (As a Work Made for Hire)

With the growth of mobile apps, non-tech companies face the challenge of creating apps to promote and sell their services or goods. Because the creation of an app can be a one-time project, hiring an independent software...more

BUY NOW: Use in Commerce for Mobile Applications

For a mobile application developer, clearing the Apple® App Store's® often lengthy approval process and seeing the mobile application available for purchase may seem like the last necessary step to establish use of the name...more

Privacy & Cybersecurity Update - October 2015

In this edition of our Privacy & Cybersecurity Update, we discuss what companies need to know in the wake of the EU Court of Justice's rejection of the U.S.-EU Safe Harbor framework and take a look at the following important...more

Mobile Location Analytics: Changing the Game for Brick and Mortar Retail

For brick-and-mortar retailers, smart phones have taken on an entirely new role in customers’ shopping experiences. A technology known as "mobile location analytics" ("MLA") or sometimes, "indoor analytics," gives brick and...more

MarkIt to MarketTM - October 2015

The October issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use in commerce as applied to mobile applications and services, outlines best practices for ensuring your business owns artwork and textual works...more

Privacy Tip #7 – Who is listening to your conversations through your smartphone microphone?

I’ve always known that my smartphone had a microphone. If nothing else, it obviously has to be used for the Shazam app so I can figure out the name of that great song. So that is the only time I use the microphone on my...more

Uber class action case hits roadblock

A California federal judge has ruled that a former Uber driver who is suing Uber in a proposed class action case was unable to show that he suffers an immediate threat of identity theft and dismissed the driver’s first...more

Promoting Antitrust Compliance – The Antitrust Division’s Subtle Shift Regarding Corporate Compliance: A Step Toward Incentivizing...

INTRODUCTION: A surprising feature of many corporate compliance programs is their limited emphasis on antitrust. Compliance efforts are a key feature of modern corporate governance initiatives, and it stands to reason...more

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Re-thinking What We Think We Know About Bitcoin (Part I)

It’s no surprise that, as the way we exchange information continues to evolve at an ever-increasing pace, the way we exchange value is rapidly evolving too. This two-part series explores the Bitcoin evolution occurring in...more

Manatt Digital Media - October 2015

In this newsletter, we highlight some of the ways digital technologies are transforming healthcare and the opportunities and challenges they present to individuals and businesses. We also introduce you to our team at Manatt...more

Facebook’s “Copyright” Post - The Sound and the Fury

Users of Facebook no doubt have seen at least some of their friends post the “copyright” update. In brief, the post states “I hereby declare that my copyright is attached to all of my personal details,” including photos,...more

OCR Launches Platform for Developer HIPAA Questions

The HHS Office for Civil Rights (OCR) has released a new platform to provide mobile health developers (and any other interested stakeholders) a sounding board to ask questions, voice concerns, and “spitball” ideas about HIPAA...more

Virtual reality lets fans play games — just like the pros

The roar. The bright lights. The scoreboard telling you it’s now or never. This is your time. You gotta tune it all out. Because it’s not about the lights and it’s not about the scoreboard. It’s about you. And the ball. It’s...more

Advertising Law - October 2015 #2

"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel...more

OCR portal designed for medical mobile app developers

The Office for Civil Rights (OCR) of the Department of Health and Human Services has launched a web based portal so medical mobile app developers can ask their “burning” questions about HIPAA compliance....more

Social Media Is the Kardashians of E-Discovery

Now that Taylor Swift has supplanted Kim Kardashian West as the queen of Instagram with 50.6 million followers, will people stop talking about her and the rest of the Kardashian clan? Of course not. As of October 2015, Kim...more

Users of free mobile apps not protected by Video Privacy Protection Act

Significantly, the Eleventh Circuit issued an opinion on October 9th that consumers who download and use free mobile apps do not fall within the definition of a “subscriber” under the Video Privacy Protection Act (VPPA)....more

Online Endorsements and “Astroturfing”

Having warned consumers: “Don’t buy into fake online endorsements” last year, the Competition Bureau sent a strong message to the media and marketing industry against astroturfing yesterday.  The Bureau announced that it has...more

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