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.

sweepstakes disclosures

Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk

Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users.  Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and incentivize consumer activity through the allure of prizes and other benefits for the potential winners. Despite their utility as a marketing vehicle, businesses …

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TCPA

What Type of Fax is a TCPA Advertisement?

The Telephone Consumer Protection Act (“TCPA”) prohibits the sending of unsolicited commercial fax advertisements. Pursuant to the TCPA, companies cannot send advertisements via telecopier without a pre-existing business relationship or consent. The Second Circuit recently addressed the question of whether a fax to a doctor’s office inviting the doctor to a seminar sponsored by Merck …

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How to Trademark a Phrase or Slogan?- Klein Moynihan Turco LLP

How to Trademark a Phrase or Slogan: The Basics

On April 9th, the WWE filed several trademarks for the slogan “Then Now Forever Together,” which was used in the signature opening before the WrestleMania event this past weekend. Readers of this blog may be familiar with other brands that use trademarks to protect symbols that set their businesses apart from the crowd.  All this …

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Trademark and Copyright Law- Klein Moynihan Turco LLP

Marketing Online? Be Mindful of Trademark and Copyright Law

Online marketing is a common tool that businesses use to bring attention to their respective goods and services. When initiating online marketing campaigns, businesses must be careful to both protect their intellectual property and not infringe upon the intellectual property of others. When discussing intellectual property issues that need to be considered in the online …

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Creating a Viral and Legally Compliant "Pin to Win" Contest- Klein Moynihan Turco

Creating a Viral (And Legally Compliant) “Pin to Win” Contest

We have frequently written about the marketing benefits associated with the use of promotional contests and sweepstakes.  Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers participating in their respective contests. While companies must abide by the laws governing …

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Facebook Decision defines a TCPA Autodialer- Klein Moynihan Turco LLP

Facebook Aftermath: Courts Clarify Definition of TCPA Autodialer

On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”). In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook …

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Critical Role that TCPA Plays in Outbound Telemarketing- KMT

The Critical Role that the TCPA Plays in Outbound Telemarketing

If you’re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer Protection Act (TCPA) and its enabling regulations. Call center operators are not the only businesses that employ outbound telemarketing to reach out to consumers. Using the phone is often an …

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How to Use Promotional Marketing the Legal Way: Klein Moynihan Turco LLP

How To Use Promotional Marketing The Legal Way

The use of promotional contests, games and sweepstakes marketing can be a dynamic and cost-effective way to increase sales, build a database of interested consumers and otherwise increase brand awareness and buzz. Consumers are more easily attracted to your marketing message by the opportunity to win prizes than with more mundane advertising. However, there are …

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