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.

New Jersey's Sports Gambling Marketing- Klein Moynihan Turco

New Jersey Becomes America’s Largest Sports Betting Market

Blog, Journal, Online Gambling Law, Sweepstakes & Gaming Law /

In June 2018, legal sports betting in New Jersey became a long-awaited reality. There are currently eight online/mobile platforms offering sports gambling in New Jersey. To generate business through sports gambling marketing, the sportsbooks utilize the services of affiliates (i.e., entities and individuals involved in promoting, marketing, and directing business to online sports gambling websites).  […]

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Trademark Infringement Lawsuit- Klein Moynihan Turco

Taste the Lawsuit: Wrigley Brings Trademark Infringement Claim

Blog, Internet Law, Online Marketing & Advertising Law, Trademark & Copyright Law /

On May 3, 2021, WM Wrigley Jr. Company (“Wrigley”) filed a complaint against a host of cannabis companies and their respective owners (collectively “Defendants”) in the United States District Court for the Central District of California alleging trademark infringement, dilution, and unfair competition. Wrigley is the owner of many famous trademarks that are registered with

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Fantasy Sports Opinion Letter

Does Your Business Need a Fantasy Sports Opinion Letter?

6 Comments / Blog, Internet Law, Online Gambling Law, Sweepstakes & Gaming Law /

Although the proposed merger between FanDuel and DraftKings (the two largest daily fantasy sports service providers) was called off years ago, the fantasy sports industry has only continued to thrive and evolve since then.  In recent years, many states have passed laws legalizing and regulating fantasy sports contests.  In addition to these statutes, federal laws and state common

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CIPA law- Klein Moynihan Turco LLP

CIPA Law Victory for Website Data Collection Software Provider

Blog, Data & Privacy Law, Online Marketing & Advertising Law /

The United States District Court for Northern District of California recently dismissed a complaint alleging violations of California’s CIPA Law in connection with common website data collection practices.  The decision will be celebrated by both retailers and software service providers alike.  Judicial affirmation of the principle that website operators’ data collection practices, when done properly,

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No Purchase Necessary

Why Your Sweepstakes Needs “No Purchase Necessary” Language

811 Comments / Blog, Sweepstakes & Gaming Law /

Promotional contests and sweepstakes are an effective and cost efficient means to generate buzz and often sales of a given product or service.  Consumers are often incentivized to make a purchase by the allure of the chance to win a valuable prize. However, when designing a sweepstakes, it is important to be mindful of the

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sweepstakes disclosures

Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk

10 Comments / Blog, Online Marketing & Advertising Law, Sweepstakes & Gaming Law /

This blog post was updated on May 30th, 2022 for comprehensiveness. Promotional contests and sweepstakes are particularly effective ways of creating brand awareness and attracting new customers. Unlike static, non-interactive banner advertisements, sweepstakes promotions are a great means to entice and incentivize consumer engagement with the allure of prizes and other benefits. When using sweepstakes as a promotional

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TCPA

What Type of Fax is a TCPA Advertisement?

Blog, Telemarketing Law /

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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