Fantasy Sports Lawyers- Klein Moynihan Turco LLP

Once Upon a Federal Sports Gambling Bill

In  2018, Utah Senator Orrin Hatch drafted a bill intended to create a framework for federal sports gambling. Readers of this blog will recall that on the eve of the 2018 football season, Senator Hatch, an original author of the Professional and Amateur Sports Protection Act (“PASPA”), gave a floor speech foreshadowing that such a bill was in the …

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New Jersey's Sports Gambling Marketing- Klein Moynihan Turco

New Jersey Becomes America’s Largest Sports Betting Market

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

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?

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

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

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

Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users.  Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and incentivize consumer activity through the allure of prizes and other benefits for the potential winners. Despite their utility as a marketing vehicle, businesses …

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