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.

Contest Prizes, Endorsements and Testimonials: A Lesson from Lumosity

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January 7, 2016 This Monday, “brain training” company Lumos Labs, Inc. D/B/A “Lumosity” agreed to pay $2 million to settle Federal Trade Commission (“FTC” or “Commission”) claims of deceptive advertising. The FTC’s allegations were brought in part because of Lumosity customer testimonials that were purportedly submitted as a condition to enter promotional contests for a […]

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Seventh Circuit Dismisses Autodialer TCPA Case

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December 24, 2015 This week, the United States Court of Appeals for the Seventh Circuit affirmed a decision of the U.S. District Court for the Northern District of Illinois dismissing a lawsuit alleging autodialer- related liability against AllianceOne Receivables Management, Inc. (“AllianceOne”). The suit was brought by Wayne Norman, an individual with whom this firm

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Refusal to Register Disparaging Trademarks Ruled Unconstitutional

Leave a Comment / Journal, Trademark & Copyright Law /

December 24, 2015 On December 22, 2015, the United States Court of Appeals for the Federal Circuit struck down a provision of the federal Lanham Act which prohibited the registration of “disparaging” trademarks by the United States Patent and Trademark Office (“USPTO”). Specifically, the Court found parts of Section 2(a) of the Lanham Act unconstitutional.

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FTC Policy Statement Targets Native Advertising

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December 23, 2015 This Tuesday, the Federal Trade Commission (the “FTC” or “Commission”) issued an Enforcement Policy Statement on Deceptively Formatted Advertisements, explaining that certain “native” advertising formats in digital media may deceive consumers by blurring the distinction between advertising and non-commercial content. How will this FTC Policy Statement affect the native advertising industry?

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