Edible Marijuana Maker Settles Trademark Dispute with Hershey

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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 […]

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FTC Files Lawsuit against Gerber for Deceptive Advertising

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November 3, 2014 On October 29, 2014, the Federal Trade Commission (“FTC”) filed a complaint in the United States District Court of New Jersey against Gerber Products Co. (“Gerber”), the popular baby food manufacturer.  The complaint alleges that since 2011, Gerber has been deceptively advertising its Good Start Gentle formula by alleging that use of

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California Court Issues Big Rulings for Email Marketers

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October 31, 2014 On October 29, 2014, the California Court of Appeal for the Second Appellate District released its long-anticipated decision in Rosolowski v. Guthy-Renker LLC, in which it clarified California’s anti-spam law, codified in California Business & Professions Code Section 17529.5.  Simultaneously, it issued an almost identical unpublished decision in an action involving the

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The Increasing Popularity of Fantasy Sports in the US

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October 30, 2014 The Rise of Fantasy Sports Fantasy sports enjoys considerable popularity in the US, and the activity is fortunate to be protected under existing US gambling law; the Unlawful Internet Gambling Enforcement Act (‘UIGEA’) for instance contains a carve out for fantasy sport games meeting certain criteria. Developments in fantasy sports have been

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FTC Settles Lawsuit with Popular Online Dating Service

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October 30, 2014 Over the last several years, online dating sites have surged in popularity, with many servicing a staggeringly large numbers of users.  In order to separate from the crowd in this competitive marketplace, some players may have gone too far with aggressive marketing and billing practices.  According to the Federal Trade Commission (“FTC”),

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Crunch Crushes TCPA Class Action Lawsuit

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October 29, 2014 The United States District Court for the Southern District of California recently dismissed a putative class action filed against Crunch San Diego, LLC (“Crunch”) under the Telephone Consumer Protection Act (“TCPA”), ruling that Crunch did not use an autodialer to send text messages to the named plaintiff. The TCPA Putative Class Action

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Rule Governing Banks’ Privacy Disclosures to Consumers Updated

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October 24, 2014 The Consumer Financial Protection Bureau recently finalized a rule that is expected to result in more effective privacy disclosures from financial institutions to their customers. The rule will go into effect immediately once it is published in the Federal Register. The New Rule: Banks’ Privacy Disclosures to Consumers The new rule is

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