On September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois entered an order granting the Federal Trade Commission (“FTC’) partial summary judgment against Day Pacer LLC and associated defendants (collectively “Day Pacer”). The Court found that Day Pacer violated the Telemarketing Sales Rule (“TSR”) by: 1) placing millions of telephone calls to numbers on the National Do-Not-Call Registry (“NDNC”); and 2) otherwise assisting business partners with their improper telemarketing practices. Enacted in 1995, the TSR prohibits sellers and telemarketers from engaging in certain abusive practices that invade upon consumer rights to privacy. The TSR empowers the
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American Dairy Queen Corporation (“Dairy Queen”) sued W.B. Mason Co. (“W.B. Mason”) over W.B. Mason’s use of the BLIZZARD mark for its bottled spring water. Dairy Queen holds registered trademarks for its BLIZZARD frozen treats, which it sells directly to consumers. Dairy Queen’s earliest BLIZZARD trademark registration was issued in
While trends come and go, one that does not appear to be going away anytime soon are lawsuits that allege unauthorized use of session replay technology. As readers of this blog know, session replay technology is used by businesses to “record, save, and replay a website visitors’ interactions with a
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