June 2019

FUCT?: Trademark Law Ruling Will Protect Certain Immoral and/or Scandalous Marks

June 27, 2019 On June 24, 2019, in a 6-3 decision, the United States Supreme Court ruled that barring the registration of the trademark “Fuct” would infringe upon the applicant’s First Amendment rights. In 2011, Mr. Erik Brunetti (“Applicant”) applied to register the word mark “Fuct,” an acronym that (he maintains) was derived from the

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CCPA Compliance: Service Provider Agreements and the California Consumer Privacy Act (CCPA)

June 26, 2019 Although the CCPA is not due to go into effect until January 1, 2020, businesses should take the necessary steps to ensure full CCPA compliance well ahead of that date. By way of background, the California Consumer Privacy Act (“CCPA”) is a consumer-friendly privacy law that mirrors the EU’s General Data Protection

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Supreme Court Addresses TCPA Fax Issue

June 24, 2019 As the United States Supreme Court (“SCOTUS”) wraps up its term, it released a decision concerning whether a federal district court is obligated to follow a Federal Communications Commission Order (“FCC”) regarding the junk fax provisions of Telephone Consumer Protection Act (“TCPA”).   Industry pundits had been patiently awaiting a decision on the

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USPS Introduces New CBD Mailing Policy

June 19, 2019 In March, we notified readers of a guidance letter that the United States Postal Service (“USPS”) had issued which addressed how cannabidiol (“CBD”) products may be sent via U.S. Mail. On June 6, 2019, the USPS provided more concrete guidance by revising Publication 52, Hazardous, Restricted, and Perishable Mail, to add CBD

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Companies Selling E-Liquids Must Follow Endorsement Guides

June 18, 2019 On June 7, 2019, the U.S. Food and Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”) together issued four warning letters to companies manufacturing and marketing flavored e-liquid tobacco products in connection with their failure to include required nicotine warning statements in social media posts.  Under the Federal Food, Drug and

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Sports Gambling Law: Court Strikes Down DOJ Wire Act Opinion

June 7, 2019 In a significant development in the world of sports gambling law, the United States District Court for the District of New Hampshire has ruled against the Department of Justice (“DOJ”), striking down its recent opinion concerning the Wire Act’s application beyond sports betting. Why did the Court strike down the Wire Act

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Nevada Privacy Law Amended to Include Opt-Out Rights

June 7, 2019 On May 29, 2019, Senate Bill 220 (the “Law”) was signed into law by Nevada Governor Steve Sisolak. The Law amends Nevada’s privacy law to grant consumers the right to prevent certain businesses from selling their personally identifiable information. Businesses that were already preparing for California’s Consumer Privacy Act (“CCPA”) (which takes

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