The short answer is a resounding, Yes! Many of our blogs that cover sweepstakes rules often focus on the material provisions that should be contained in contest rules, including, eligibility, means of entry, prizes, duration of the sweepstakes, etc. A recent Ninth Circuit Court of Appeals decision highlights yet another important provision that must be […]
Do Sweepstakes Rules Need a Mandatory Arbitration Clause? Read More »
Companies that market products and services to New York State consumers must be sure that their advertising efforts are lawful and above board. Any significant terms and conditions relating to a consumer purchase should be presented in a clear and conspicuous manner such that the average consumer can recognize and understand them. Businesses that engage
New York AG: Marketing to Consumers Must be Clear and Conspicuous! Read More »
Owners of registered trademarks understand the significant, inherent value of Intellectual Property. To maintain that value, the importance of “policing” one’s mark from infringing and inappropriate third-party use cannot be overstated. The United States Patent and Trademark Office (“USPTO”) defines trademark infringement as “the unauthorized use of a trademark or service mark on or in connection with goods
SCOTUS to Hear Jack Daniel’s Trademark Infringement Case Read More »
In the wake of the United States Supreme Court’s decision in Facebook, Inc. v. Duguid, several states began enacting their own “mini” Telephone Consumer Protection Act (“TCPA”) statutes. To date, those states include Florida, Oklahoma, and Washington, with states such as Georgia, Massachusetts, and Michigan close behind. On June 29, 2021, Florida signed CS/SB 1120
Trend Continues – More State TCPA Laws Introduced Read More »
No, New York telemarketing is not dead, but it is certainly heading down a winding and treacherous path. While this may sound unnerving, it is merely an observation based on recent statutory amendments to the law governing telemarketing sales efforts in New York State. Of particular import is new legislation that amends the State’s General Business Law, Section 399-z, the law that established the “No Telemarketing Sales Calls Statewide Registry.” Governor Kathy Hochul recently signed this legislation into law, further restricting the manner in which telemarketing sales calls
Is New York Telemarketing Dead? Read More »
California’s Automatic Renewal Law (“ARL”) saw its most recent amendment take effect on July 1, 2022. As businesses that operate online in California are aware, this state is one of the most consumer-friendly when it comes to protection in the realm of e-Commerce. Over the past year, a litany of complaints has been filed by
Is California’s Automatic Renewal Law the Next Litigation Cash Cow? Read More »
McDonalds is one of the most iconic brands in the world. The Golden Arches are internationally recognized and certainly lure would-be customers into the fast-food chain. It is no wonder that the company has repeatedly used widely known sweepstakes contests to attract new customers and to bring existing ones back in, over and again. Their
Hungry for Sweepstakes Rules? Read More »
The United States Food, Drug, and Cosmetic Act (“FD&C Act”) is a set of regulations that, among other things, vests authority in the U.S. Food and Drug Administration (“FDA” or “Agency”) to oversee the safety of food, drugs, medical devices, and cosmetics. This includes food additives, such as Cannabidiol (“CBD”), a chemical in the cannabis sativa plant,
Marketing CBD in Food and Beverages: Beware of FDA Warnings Read More »