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.

Trademark Rights Law: Penn State Not Geographically Descriptive

Trademark Rights Law: Penn State Not Geographically Descriptive

Blog, Trademark & Copyright Law /

On February 21, 2019, Pennsylvania State University (the “Applicant”) filed a trademark application with the United States Patent and Trademark Office (“USPTO”), seeking registration of: 1) the word mark PENNSTATE HEALTH; and 2) the words PENNSTATE HEALTH with a logo of a Nittany lion (the “Marks”). The Trademark Examining Attorney refused registration of the Marks, […]

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Federal Privacy Law: One National Standard

Federal Privacy Law: One National Standard

Blog, Data & Privacy Law /

On March 10th, Congresswoman Suzan DelBene (D-WA) introduced the Information Transparency and Personal Data Control Act (the “Act”). The Act is intended to create a federal privacy law: one national standard for consumer data privacy regulation, that would supersede a patchwork of (potentially) 50 state privacy laws. As we have previously blogged, Virginia recently passed

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Fantasy Sports Lawsuit, FanDuel

Daily Fantasy Sports Law News: Class Action Lawsuit Filed Against FanDuel

Blog, Sweepstakes & Gaming Law /

In a substantial development in the world of daily fantasy sports law, a behemoth in the industry, FanDuel, has been named in a multi-state class action lawsuit involving its online sportsbook platform.  The lawsuit alleges various state consumer protection law violations which, the plaintiff claims, resulted in sports bettors being induced into risky wagers that

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UPDATE: FTC Deceptive CBD Advertising Consent Orders Approved

Blog, Online Marketing & Advertising Law /

Recently, we wrote concerning six cannabidiol (“CBD”) companies (the “Sellers”) that had settled enforcement actions with the Federal Trade Commission (“FTC”). On March 5, 2021, following public comment, the FTC approved final administrative consent orders against the Sellers for engaging in deceptive CBD marketing practices. Although CBD was removed from the Controlled Substances Act (“CSA”)

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TCPA Fax Liability: What's your motivation?

TCPA Fax Liability: What’s Your Motivation?

Blog, Telemarketing Law /

Recently, a federal court in Illinois dismissed Telephone Consumer Protection Act (“TCPA”) claims against an animal health and wellness company, Elanco Animal Health, Inc. (“Elanco”). Elanco sent unsolicited facsimile transmissions to Ambassador Animal Hospital, Ltd. (“AAH”) concerning continuing education seminars sponsored by Elanco. The Court dismissed the TCPA fax claims, ruling that plaintiff failed to

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TCPA Vicarious Liability: It is About Control

Blog, Telemarketing Law /

Recently, an Arizona federal district court dismissed Telephone Consumer Protection Act (“TCPA”) claims against a Florida-based cruise ship company. The Court based its decision on the plaintiff’s failure to prove that the cruise ship company either sent the allegedly offending text messages itself or had an agent send them on its behalf. This latter, agency-based,

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