MLB Players Banned from Daily Fantasy Baseball for Prizes

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April 13, 2015 At last week’s IMG World Congress of Sports, Commissioner of Baseball Rob Manfred announced that Major League Baseball (“MLB” or the “League”) and the Major League Baseball Players Association (“MLBPA” or the “Union”) have agreed to prohibit League players from participating in daily fantasy baseball competitions involving prizes. How does this development […]

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Treble Damages Not Automatic in TCPA Litigation

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April 13, 2015 Last month, the United States Court of Appeals for the Eleventh Circuit clarified the standard for obtaining treble damages under the Telephone Consumer Protection Act (“TCPA”). In Lary v. Trinity Physician Financial & Insurance Services, the district court declined to award treble damages to the plaintiff on a motion for default judgment.

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DIRECTV in Hot Water for Rob Lowe Advertising Campaign

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April 10, 2015 The National Advertising Division (“NAD”) of the Better Business Bureau, acting on a complaint from Comcast, has recommended that DIRECTV modify some of the claims made in its popular Rob Lowe commercials, or otherwise cease airing them altogether. DIRECTV has indicated that they intend to appeal the decision, which although non-binding, could

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Brewery Enforces Beer Trademark with Acquired Distinctiveness

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April 9, 2015 After amending its application with the U.S. Patent and Trademark Office (“USPTO”) to show that its Tangerine Wheat Ale had acquired distinctiveness in the marketplace, California-based Table Bluff Brewing Inc. d/b/a Lost Coast Brewery (“Lost Coast”) was granted a federally registered trademark in 2014 (No. 4509582) for the phrase TANGERINE WHEAT for

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Tommy Hilfiger TCPA Class Action Lawsuit Focuses on Prior Express Written Consent

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April 6, 2015 On April 2, 2015, a class action lawsuit was filed against PVH Corp., d/b/a Tommy Hilfiger (“TH”), alleging that TH violated the Telephone Consumer Protection Act (‘TCPA”) by sending mass commercial text message advertisements to consumer cell phones without obtaining prior express written consent to send such messages. The lawsuit, filed in

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Attorneys General Clamp Down on Orbital’s Deceptive Marketing Campaign

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April 2, 2015 This week, attorneys general from across the country filed suit, as part of a coordinated effort against an Oregon company for deceptive magazine and newspaper solicitation practices. The top prosecutors accuse Liberty Publisher Services, Orbital Publishing Group (“Orbital”) and their principals, of overcharging consumers for subscriptions to newspapers, magazines and other periodicals.

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David Klein Weighs In with Bloomberg Business on Player Participation in Daily Fantasy Sports

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Daily Fantasy Sports Growth Pushes Leagues to Regulate Players The rapid evolution of fantasy sports from casual season-long recreation to high-stakes daily Internet games has given U.S. professional sports another source of revenue as well as a headache in determining player-participation policies. Over the last year, all four major U.S. sports leagues signed sponsorship deals

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