September 22, 2017 The Americans with Disabilities Act (“ADA”) was enacted to make American society more accessible for people with disabilities. While many business owners may be familiar with physical accessibility improvements such as wheelchair ramps and Braille signs, fewer are aware that the U.S. Department of Justice (“DOJ”), class action plaintiffs’ attorneys and some […]
ADA Accessibility, a Must for All Websites? Read More »
September 18, 2017 The Federal Trade Commission (“FTC”) has announced that ten online marketers of cooking and golf-related products have agreed to settle claims alleging violations of the FTC Act and the Restore Online Shoppers’ Confidence Act, based on the marketers’ alleged improper use of two types of negative option offers: (i) continuity plans, where
FTC Lawsuit Alleging Deceptive Marketing of “Free” Products and Continuity Plans Settles Read More »
September 14, 2017 Sweepstakes Privacy Policies: A Key Aspect of Sweepstakes Promotions Promotional contests, giveaways and sweepstakes are invaluable tools for businesses looking to attract new customers. Unlike simple, unincentivized, requests for consumer information, sweepstakes drive consumers to provide their information to a given business by offering entrants the chance to win prizes and other
Why Your Sweepstakes Promotion Needs a Privacy Policy Read More »
September 12, 2017 The Federal Trade Commission (“FTC”) recently announced that it had reached a settlement in an investigation of social media influencers’ alleged deceptive business practices. According to the FTC, the subject administrative complaint was the agency’s first ever investigation of individual social media influencers for product endorsement-related practices. What was the nature of
FTC Settles Landmark Social Media Influencer Investigation Read More »
September 11, 2017 In a potentially groundbreaking decision (Booking.com B.V. v. Matal, et al., Index No. 16-cv-425 (the “Trademark Lawsuit”)), a U.S. District Court recently overruled the U.S. Patent and Trademark Office (“USPTO”) and ordered the USPTO to register BOOKING.COM as a trademark. The Trademark Lawsuit reinforces the importance of consulting with an experienced trademark
Ask A Trademark Lawyer How to Trademark Your Domain Name Read More »
September 5, 2017 An Illinois federal court’s decision refusing to dismiss a lawsuit brought against a university over a series of allegedly unsolicited text messages is “unfortunate,” says one of the most recognized attorneys in the technology and telecommunications fields. David O. Klein, managing partner of New York City-based Klein Moynihan Turco LLP, said the July
KMT’s David Klein Weighs in with Forbes Legal Newsline on the TCPA, Text Messages Read More »
August 28, 2017 New Jersey recently became the latest state to legalize fantasy sports when Governor Chris Christie formally signed newly-passed legislation into law. One of the minority of states to allow casino gambling, New Jersey’s legalization achievement is a notable development given that gaming interests have long been an opponent of New Jersey fantasy
New Jersey Fantasy Sports Law Enacted Read More »
August 25, 2017 The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the “FTC lawsuit”) alleging violations of the FTC Act, the Telemarketing and Consumer
Dietary Supplement Marketers Agree to $6.5M Settlement of FTC Lawsuit Read More »