December 2016 For well over a century, US trademark law has afforded brand owners certain rights, remedies and obligations. As the Department of Commerce has noted, owners of trademarks have both a legal right and an affirmative obligation to protect their trademarks from unauthorized third-party use. Diligent enforcement practices not only protect trademark assets, but […]
January 10, 2017 The Federal Trade Commission (“FTC”) and the New York Attorney General (“NYAG”) have jointly filed a deceptive advertising lawsuit against the marketers of a dietary supplement. The lawsuit claims that the marketers of the dietary supplement, Prevagen, made false and unsubstantiated claims regarding the product’s ability to improve memory and provide additional
FTC, NY AG Bring Deceptive Advertising Lawsuit Against Dietary Supplement Marketer Read More »
January 6, 2017 The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”). In the class action lawsuit against Hilton Grand Vacations Company, LLC (“Hilton”), Hilton argued, among other things, that the
Court Finds “Nuisance” to be Concrete Injury under the TCPA Read More »
January 5, 2017 Last Thursday, the Eleventh Circuit Court of Appeals vacated a Georgia federal district court’s Telephone Consumer Protection Act (“TCPA”) ruling, finding that global online manufacturing marketplace MFG.com (“MFG”) satisfied its insurance policy’s notice requirement in connection with multiple fax TCPA lawsuits. How can marketers minimize their risk of TCPA liability?
Eleventh Circuit: Insurer May Have to Cover Fax TCPA Liability Read More »
January 4, 2017 This week, regulations governing fantasy sports contests in the State of Maryland went into effect. The regulations, implemented pursuant to a 2012 law exempting fantasy sports from the State’s gambling prohibition, vest the Office of the Comptroller with authority to enforce various consumer protection rules aimed at establishing basic rules to ensure
Maryland Fantasy Sports Regulations Take Effect Read More »
December 21, 2016 This week, the Second Circuit Court of Appeals reversed a district court ruling that had dismissed GameStop Corp. (“GameStop”) and Webloyalty.com, Inc. (“Webloyalty”), an online discount savings website, from a class action lawsuit arising from allegations of deceptive trade practices. What were the business practices that landed GameStop and Webloyalty in hot
Appeals Court Revives GameStop Deceptive Trade Practices Lawsuit Read More »
December 15, 2016 This Monday, a Mississippi resident sued a number of the “American Idol” contest’s sponsors after he allegedly suffered a serious internal ear injury in connection with the promotion. What steps can sweepstakes and contest sponsors take to limit their legal exposure?
“American Idol” Singer Sues Contest Sponsors Read More »
December 14, 2016 On December 5, 2016, the Federal Trade Commission (“FTC” or “Commission”) issued an opinion finding that California Naturel, Inc. (“CNI”) had violated the FTC Act by falsely marketing its sunscreen products as “all natural,” despite the presence of a synthetic substance. CNI sought to avoid summary judgment by arguing that after the
All Natural Marketer Found to have Violated the FTC Act Read More »