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.

FTC consumer reward investigation

Tapjoy Settles FTC Consumer Reward Investigation

On January 7, 2021, the Federal Trade Commission (“FTC”) announced that it had settled its consumer reward investigation into the business practices of Tapjoy, Inc. (“Tapjoy”), a mobile advertising company, over allegations that Tapjoy failed to provide users with promised rewards featured in various mobile games and applications. Under the terms of the proposed settlement, […]

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sweepstakes compliance

How Sweepstakes Compliance Can Save Your Reputation

The popular TikTok content creator collective, “Not a Content House,” recently received some negative publicity for failing to reveal the winners of a sweepstakes by the promised deadline. Not a Content House is the ironic name of an all-girl team that lives together in Los Angeles where they collaborate on content posted on YouTube, Instagram

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FTC CBD marketing

Six Companies Settle FTC CBD Marketing Regulation Violations

On December 17, 2020, the Federal Trade Commission (“FTC”) announced that it had concluded its first enforcement action against six cannabidiol (“CBD”) companies (the “Sellers”), stemming from allegations that the Sellers had deceptively advertised their CBD-based products. The FTC alleged that the Sellers made a wide range of claims, including that their CBD products could

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TCPA robocall

Government Contractors Subject to New FCC TCPA Robocall Rules

On December 14, 2020, the Federal Communications Communication (“FCC”) issued an Order on Reconsideration (“Order”) overturning a 2016 decision that allowed federal government contractors to robocall consumers without their prior express consent. The Order updated the FCC’s previous interpretation of the Telephone Consumer Protection Act (“TCPA”). Now, the FCC has made clear that certain government

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TTAB trademark decision

TTAB Trademark Decision Finds No Confusion Between CHINOOKR’D IPA and CHINOOK Wine

W. Clay Mackey (“Opposer”), owner of the registered mark CHINOOK, for table wine, sparkling wine and beer, filed an opposition against Lawson’s Finest Liquids, LLC (“Applicant”) federal trademark application for CHINOOKER’D IPA, for beer. On December 7, 2020, the Trademark Trial and Appeal Board (“TTAB”) canceled the Opposer’s registration of CHINOOK for beer on the

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