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. […]
Treble Damages Not Automatic in TCPA Litigation Read More »
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
DIRECTV in Hot Water for Rob Lowe Advertising Campaign Read More »
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
Brewery Enforces Beer Trademark with Acquired Distinctiveness Read More »
April 7, 2015 Yesterday marked the arrival of opening day of the 2015 season for most Major League Baseball (MLB) teams. Aside from the aspirations of the various players, coaches and fans, the upcoming season contains promise of a slightly different nature: the possible loosening of sports betting laws. What is happening in the world
MLB: An Opening for Sports Betting on Opening Day Read More »
April 6, 2015 On April 2, 2015, a class action lawsuit was filed against PVH Corp., d/b/a Tommy Hilfiger (“TH”), alleging that TH violated the Telephone Consumer Protection Act (‘TCPA”) by sending mass commercial text message advertisements to consumer cell phones without obtaining prior express written consent to send such messages. The lawsuit, filed in
Tommy Hilfiger TCPA Class Action Lawsuit Focuses on Prior Express Written Consent Read More »
April 2, 2015 This week, attorneys general from across the country filed suit, as part of a coordinated effort against an Oregon company for deceptive magazine and newspaper solicitation practices. The top prosecutors accuse Liberty Publisher Services, Orbital Publishing Group (“Orbital”) and their principals, of overcharging consumers for subscriptions to newspapers, magazines and other periodicals.
Attorneys General Clamp Down on Orbital’s Deceptive Marketing Campaign Read More »
Daily Fantasy Sports Growth Pushes Leagues to Regulate Players The rapid evolution of fantasy sports from casual season-long recreation to high-stakes daily Internet games has given U.S. professional sports another source of revenue as well as a headache in determining player-participation policies. Over the last year, all four major U.S. sports leagues signed sponsorship deals
March 31, 2015 This Monday, New York Attorney General Eric T. Schneiderman called off an investigation involving herbal supplements manufactured, marketed and sold by health and nutrition retailer GNC Corporation (“GNC”). The parties’ groundbreaking agreement requires GNC to implement a series of novel quality control standards for its store-brand herbal supplements. Will GNC’s agreement have
NYAG, GNC Sign Landmark Herbal Supplement Agreement Read More »