November 2015

Taylor Swift Settles Promotional Sweepstakes Dispute

November 11, 2015 Last week, singer-songwriter Taylor Swift and the American Greetings Corporation (“American Greetings”) settled a legal dispute with Blue Sphere, Inc. d/b/a Lucky 13 (“Blue Sphere”) in connection with the name of their promotional sweepstakes collaboration. Why did Blue Sphere have Bad Blood with Swift and American Greetings’ sweepstakes?

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Is Washington Poised to Reverse Ban on Fantasy Sports?

November 10, 2015 Washington, one of five states in the country to currently have an outright prohibition on fantasy sports contests, is reportedly kicking the tires on legalization. The Washington State Gambling Commission (the “WSGC”) is set to discuss the industry at a public meeting scheduled for this week. The WSGC has previously taken the

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Mobile App Provider Slapped with $2 Million Trademark Infringement Lawsuit

November 9, 2015 Last month, financial startup Ripple Labs, Inc. (“Ripple Labs”) sued social networking app provider Kefi Labs, LLC (“Kefi Labs”) and several of its employees in California federal court for over $2 million dollars in damages, including claims for alleged trademark infringement, unfair competition and cybersquatting. How can other app providers minimize their

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Congress Isn’t Going After Daily Fantasy Sports Yet

Facing national scrutiny, DraftKings and FanDuel have hired up lobbyists — but according to key lawmakers, industry lawyers and lobbyists, don’t expect sweeping changes to the industry in the near future. posted on Nov. 5, 2015, at 9:00 a.m. Tarini Parti BuzzFeed News Reporter Scott Olson / Getty Images WASHINGTON — There have been allegations

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TCPA Class Action Against CallFire Dismissed

November 5, 2015 On October 8, 2015, the United States District Court for the Southern District of California dismissed a putative class action complaint alleging that CallFire, Inc. (“CallFire”) violated the Telephone Consumer Protection Act (“TCPA”). CallFire offers an Internet-based platform through which customers may prepare a text message and send that message to a

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Advertiser Scraps TV Commercials, Rethinks Sweepstakes After NAD Inquiry

November 4, 2015 Last month, The Scotts Company LLC (“Scotts”) discontinued certain television commercials and added new disclosures to its sweepstakes-solicited online reviews in response to a National Advertising Division (“NAD”) inquiry. What prompted NAD’s investigation of Scotts’ marketing practices?

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NFL Players File Right of Publicity Class Action Against FanDuel

November 2, 2015 Last Friday, Washington Redskins wide receiver Pierre Garçon filed a class action lawsuit against fantasy sports operator FanDuel Inc. (“FanDuel”). Among other things, the suit alleges that FanDuel violated National Football League (“NFL”) players’ rights of publicity through the unauthorized commercial use of each class member player’s name and likeness. Can fantasy

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