November 19, 2014 #56437948 / gettyimages.com After suffering a loss in California federal court, Sirius XM Radio, Inc. (“Sirius”) has now lost a summary judgment ruling in the United State District Court for the Southern District of New York and may soon find itself liable to Flo & Eddie Inc. (“F&E”) under New York common […]
November 17, 2014 On November 13, 2014, the United States District Court for the Middle District of Florida approved and entered a permanent injunction and settlement between the Federal Trade Commission (“FTC”) and the Florida Attorney General (the “AG”), on the one hand, and Woldwide Info Services, Inc. (“Worldwide”), on the other. The settlement effectively
FTC and Florida Attorney General Settlement Cripples Medical Alert Device Company Read More »
November 14, 2014 As many of our readers are aware, sports betting is currently illegal in every state, except Nevada, and Delaware to a limited degree. Despite numerous attempts to legalize sports betting outside these states, federal courts have uniformly rejected such legislation as being in direct conflict with the 1992 federal Professional and Amateur
NBA Commissioner Advocates for Legalized Sports Betting Read More »
Promotional contests and sweepstakes are a terrific marketing tool for businesses. Social media has provided companies with a free and effective way to increase the number of consumers participating in their promotional contests and sweepstakes. This article discusses the importance of understanding the rules governing such contests, with a specific focus on Facebook’s Terms applicable
Marketing Through Sweepstakes Promotions: A Facebook Perspective Read More »
November 13, 2014 Daily Fantasy Sports Games: Out of the Penalty Box in the USA? As analyzed numerous times on this blog, the legality of fantasy sports contests that require an entry fee to play, and that pay out cash prizes to winners, varies state by state, and can be considered illegal gambling in certain
The NHL Takes A Shot at Daily Fantasy Sports Games Read More »
November 10, 2014 On Tuesday November 4, 2014, social media giant Twitter, Inc. (“Twitter”) fully submitted a motion to dismiss a Telephone Consumer Protect Act (“TCPA”) class action lawsuit pending against it in the United States District Court for the Northern District of California. Among other issues addressed in Nunes v. Twitter, Inc., Twitter has
Twitter Joins Battle Over Definition of “Autodialer” Under TCPA Read More »
November 7, 2014 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past year. As a result, there have been many written decisions which provide both clarification of the law, as well as guidance on industry best practices. What is the TCPA? The TCPA was enacted in 1991 and,
How to Defend and Win a TCPA Lawsuit Read More »
November 4, 2014 In June, 2014, the Hershey Company (“Hershey”) brought a trademark infringement action against Colorado-based TinctureBelle, LLC. Hershey alleged that TinctureBelle infringed on numerous registered trademarks in the naming, packaging and marketing of its chocolate and confectionery products containing marijuana. TinctureBelle appeared in the action, but never filed an answer. Instead, after months
Edible Marijuana Maker Settles Trademark Dispute with Hershey Read More »
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