On April 28, 2020, the Board of Governors (the “Board”) of the National Collegiate Athletics Association (“NCAA”) implemented new rule changes that would allow student athletes to be compensated for third-party endorsements. To that end, the NCAA instructed each of the three (3) NCAA Divisions to consider appropriate changes to their existing athlete marketing rules […]
NCAA To Update Athlete Marketing Rules Read More »
A district court for Maryland recently issued a stay in a class action lawsuit involving alleged violations of the Telephone Consumer Protection Act (“TCPA”) in anticipation of a decision from the United States Supreme Court in Barr v. American Association of Political Consultants, Inc.. The pending ruling in that case, which concerns a challenge to
TCPA Suit Stayed Pending Decision by United States Supreme Court Read More »
The United States District Court for the Southern District of New York recently issued a ruling that exemplifies the importance of well-drafted website Terms and Conditions. In Stephanie Sinclair v. Ziff Davis, LLC and Mashable, Inc., 1:18-cv-00790 (SDNY, April 13, 2020), the Court ruled that because Stephanie Sinclair (“Sinclair”) had agreed to Instagram’s Terms of
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Despite the ongoing Covid-19 pandemic, the California Consumer Privacy Act (“CCPA”) enforcement date remains set at July 1, 2020. Readers of this blog know that we have been providing frequent updates on all things CCPA. In this post, we take a deep dive into the record keeping requirements contained in the CCPA. What are the
CCPA Record Keeping Requirements Read More »
On April 16, 2020, the Supreme Court of the State of Illinois (the “Supreme Court”) rejected a claim that online fantasy sports constitute illegal gambling under the State’s criminal code. In Dew-Becker v. Wu, the plaintiff initiated suit seeking to recover the $100 he had lost to defendant in a fantasy basketball league on FanDuel.
Important Illinois Fantasy Sports Law Decision Read More »
The United States Court of Appeals for the Second Circuit recently issued a decision with far reaching Telephone Consumer Protection Act (“TCPA”) implications. Specifically, the Second Circuit’s decision interpreting what constitutes an automatic telephone dialing system (“ATDS”) for TCPA law purposes bucks a recent trend that had narrowed the scope of equipment that courts deem
Second Circuit Decision Deepens TCPA Law Split Read More »
Businesses often come into conflict with other businesses that use identical or similar brands to sell related goods and/or services. This can lead to the refusal of a trademark application by the United States Patent and Trademark Office (“USPTO”) on the basis of a likelihood of confusion, or lengthy litigation with attendant expensive legal fees
Want to Coexist with Another Brand? Ask a TM Lawyer How to Do So Read More »
The outbreak of the novel Coronavirus (“COVID-19”) has led to the shuttering of businesses throughout the world. While many of these businesses will be able to open when it is deemed safe by authorities for them to do so, others will be forced to close down forever. For struggling businesses that have registered and/or common
Wondering if Your Trademark has Been Abandoned? Ask a Trademark Lawyer Read More »