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.

David Klein Discusses TWC-Comcast Merger with NPR Marketplace

If Comcast and Time Warner Cable go ahead with their planned merger, they’d control almost 30 percent of all the cable TV subscribers in the U.S., possibly raising fears that they’d own too much of the market. They will reportedly sit down with Justice Department officials this week. So, how do you reassure the regulators that you’re not […]

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MLB Players Banned from Daily Fantasy Baseball for Prizes

April 13, 2015 At last week’s IMG World Congress of Sports, Commissioner of Baseball Rob Manfred announced that Major League Baseball (“MLB” or the “League”) and the Major League Baseball Players Association (“MLBPA” or the “Union”) have agreed to prohibit League players from participating in daily fantasy baseball competitions involving prizes. How does this development

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Treble Damages Not Automatic in TCPA Litigation

April 13, 2015 Last month, the United States Court of Appeals for the Eleventh Circuit clarified the standard for obtaining treble damages under the Telephone Consumer Protection Act (“TCPA”). In Lary v. Trinity Physician Financial & Insurance Services, the district court declined to award treble damages to the plaintiff on a motion for default judgment.

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DIRECTV in Hot Water for Rob Lowe Advertising Campaign

April 10, 2015 The National Advertising Division (“NAD”) of the Better Business Bureau, acting on a complaint from Comcast, has recommended that DIRECTV modify some of the claims made in its popular Rob Lowe commercials, or otherwise cease airing them altogether. DIRECTV has indicated that they intend to appeal the decision, which although non-binding, could

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Brewery Enforces Beer Trademark with Acquired Distinctiveness

April 9, 2015 After amending its application with the U.S. Patent and Trademark Office (“USPTO”) to show that its Tangerine Wheat Ale had acquired distinctiveness in the marketplace, California-based Table Bluff Brewing Inc. d/b/a Lost Coast Brewery (“Lost Coast”) was granted a federally registered trademark in 2014 (No. 4509582) for the phrase TANGERINE WHEAT for

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