The COVID-19 pandemic has drastically transformed the operations of many businesses and some have responded by altering their ordinary production operations to fill the demand for personal protective equipment (“PPE”). As a result, the United States Patent and Trademark Organization (“USPTO”) has seen an increase in trademark applications for COVID-19-related medical goods and services. In […]
USPTO Gives Priority to PPE Trademarks Read More »
Last week, the United States Supreme Court (“SCOTUS”) issued a ruling examining the Telephone Consumer Protection Act (“TCPA”) exception for robocalls made to collect government debt. The far-reaching effect of the ruling will be to expand the law’s restrictions on robocalls. What are the implications of the SCOTUS ruling on robocalls?
TCPA Restrictions on Robocalls Expanded by SCOTUS Read More »
On June 30, 2020, Judge John Sinatra of the United States District Court for the Western District of New York (the “Court”), in Gerrard v. Acara Solutions Inc. (18-cv-1041-JLS-LFG), held that certain text messages alerting plaintiff to a potential employment opportunity were not advertisements and, therefore, did not violate the Telephone Consumer Privacy Act (“TCPA”)
Job Opportunity TCPA Lawsuit Dismissed Read More »
In April, we blogged about how Reese Witherspoon’s fashion line, Draper James, LLC (“Draper James”), was roundly criticized for creating the false impression that all teachers who registered on its website would be given a free dress. In reality, teachers were merely entered into a sweepstakes for a chance to win only one of a
Sweepstakes Law Follow Up: Draper James Sued Read More »
With the outbreak of the COVID-19 pandemic, businesses have had to react to a whole new set of issues that were not on their radar four (4) months ago. One task that may have been tabled until some sense of normalcy was restored is compliance with the California Consumer Privacy Act (“CCPA”). Businesses must be
CCPA Compliance: The CA Attorney General is Enforcing Now! Read More »
With the enforcement of the California Consumer Privacy Act (“CCPA”) commencing on July 1, 2020, many businesses should be taking a close look at their CCPA service provider agreements. By way of background, the CCPA is a consumer-friendly privacy law that applies to various entities and their respective service providers. The CCPA provides consumers with
As the Covid-19 pandemic swept across the world, businesses rushed to satisfy the demand for personal protective equipment (“PPE”). The intention was often noble, but sometimes it was opportunistic, and some PPE advertising toed the line of legality. As a result, the U.S. Food and Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”) began
Businesses Continue to Violate PPE Advertising Regulations Read More »
The Federal Communications Commission (“FCC”) recently issued a declaratory ruling examining whether certain peer-to-peer messaging platforms constitute an autodialer for purposes of the Telephone Consumer Protection Act (“TCPA”). Given the growing popularity of the communications technology, the implications of the ruling are likely to be significant. What are the implications of the FCC’s autodialer ruling?
FCC Issues Important Autodialer Ruling Read More »