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.

Refusal to Register Disparaging Trademarks Ruled Unconstitutional

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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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Mobile App Operators Settle COPPA Charges

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December 21, 2015 Mobile App Operators Must Be Mindful of Children’s Privacy Issues As part of an increase in regulatory focus on data collection, usage and disclosure practices in the mobile app industry, especially with respect to minors, the Federal Trade Commission (FTC) brought charges against two mobile app operators, LAI Systems, LLC and Retro Dreamer,

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Cirque du Soleil Moves to Stay Junk Fax Class Action

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December 18, 2015 On December 11, 2015, Cirque du Soleil (“Cirque”) filed a motion in the United States District Court for the Northern District of Illinois, seeking a stay of the plaintiff’s motion to certify a class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). The

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Superman v. Superdad: Trademark Lawsuit to Continue

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December 18, 2015 This Tuesday, a California federal court in Los Angeles refused to dismiss DC Comics Inc.’s (“DC”) trademark lawsuit against Mad Engine, Inc. (“Mad Engine”) in connection with the business’ humorous take on DC’s iconic Superman shield logo. Can a business use someone else’s design or logo in jest?

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Appeals Court Declines Request to Rehear O’Bannon Anti-Trust Case

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December 17, 2015 Yesterday morning, the Ninth Circuit Court of Appeals denied a request for a full rehearing of an earlier ruling in the Ed O’Bannon anti-trust lawsuit against the National Collegiate Athletic Association (“NCAA”). This decision could set the stage for either O’Bannon or the NCAA, which had opposed the rehearing, to petition the

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Does Yahoo Use an Autodialer in Violation of the TCPA?

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December 16, 2015 On December 14, 2015, the United States District Court for the Southern District of California denied a motion for summary judgment filed by Yahoo! Inc. (“Yahoo”) which claimed that human intervention removed one of its text messaging platforms from the definition of “autodialer” within the meaning of the Telephone Consumer Protection Act

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