David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

will.i.am’s #Willpower Trademark Application Rejected

August 27, 2018 will.i.am’s trademark application for #Willpower has received a final refusal by the Trademark Trial and Appeal Board (“TTAB”). The TTAB found that #Willpower was likely to be confused with a previously registered mark which consisted of two offset, identical mountain peaks with the stylized text “WILLPOWER WEAR” below and “Have the will. […]

will.i.am’s #Willpower Trademark Application Rejected Read More »

Another TCPA Case is Challenged as to the Sufficiency of its Allegations

August 24, 2018 On July 26, 2018, a Telephone Consumer Protection Act (“TCPA”) class action lawsuit was filed by Plaintiff Derrick Thomas (“Thomas”) in the United States District Court for the Southern District of Florida against Defendant Peterson’s Harley Davidson of Miami, LLC (“Peterson’s”). In his TCPA case, Thomas alleges that Peterson’s sent five promotional

Another TCPA Case is Challenged as to the Sufficiency of its Allegations Read More »

games of chance

Games of Skill v. Games of Chance – The Legal Analysis

Illegal gambling is generally defined as an activity where a person provides consideration for the opportunity to win a prize in games of chance. Consideration typically takes the form of currency, but it can be anything of value (hence the idiom, losing your shirt). If there is no consideration, or the game is deemed a

Games of Skill v. Games of Chance – The Legal Analysis Read More »

TCPA Law – The Evolving Definition of ATDS

August 9, 2018 Last week, a federal district court in the State of Michigan denied a motion for summary judgment based, in part, on the classification of automatic telephone dialing systems (each, an “ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”).  This TCPA law action was filed by Kevin A. Gary (“Plaintiff”)

TCPA Law – The Evolving Definition of ATDS Read More »

Tribal Gaming Ruling: Betting on “Desert Rose Bingo” Violates UIGEA

August 8, 2018 The United States Court of Appeals for the Ninth Circuit recently rendered a decision based on the Unlawful Internet Gaming Enforcement Act (“UIGEA”) that could have broad implications for online tribal gaming. In the lawsuit, the State of California and the United States (the “Government”) sought an injunction to prohibit the Iipay

Tribal Gaming Ruling: Betting on “Desert Rose Bingo” Violates UIGEA Read More »

Court Says that Ringless Voicemail Messages are TCPA Calls

In a ruling that will have far reaching implications, a federal court in Michigan recently found that ringless voicemail messages are calls for purposes of the Telephone Consumer Protection Act (“TCPA”). What are ringless voicemails and why did the Court rule that they are TCPA calls?

Court Says that Ringless Voicemail Messages are TCPA Calls Read More »

Las Vegas Golden Knights Enter into Coexistence Agreement with U.S. Army

August 3, 2018  The Las Vegas Golden Knights (“Golden Knights”) hockey team must be in the running for the feel-good sports story of the year. As an expansion team, they made it all the way to the Stanley Cup finals, making them the first modern-era expansion team from any of the four major sports leagues

Las Vegas Golden Knights Enter into Coexistence Agreement with U.S. Army Read More »