Earlier this month, Duke University and the estate of actor John Wayne (incorporated as John Wayne Enterprises, LLC (“JWE”)) became embroiled in a lawsuit concerning the use of the word “Duke,” John Wayne’s nickname, in connection with the marketing and sale of whiskey. According to the documents filed in the Middle District Federal Court of […]
Duke University and John Wayne Duke It Out over Trademark Rights Read More »
On July 2, 2014, the United States Court of Appeals for the Ninth Circuit issued a ruling outlining the vicarious liability pleading standard under the Telephone Consumer Protection Act (“TCPA”). Since the Federal Communications Commission’s (“FCC”) declaratory ruling in the Dish Network matter (See FCC Issues New TCPA Ruling on Telemarketing Liability), which held that
Ninth Circuit Outlines TCPA Vicarious Liability Standard Read More »
The Federal Trade Commission (“FTC”) recently filed its amended complaint in the action captioned Federal Trade Commission v. Acquinity Interactive, LLC, et al., Case No. 14-CV-60166 (S.D. Fl.), naming the owners of several companies allegedly engaged in a text message and robocall scheme involving offers for “free” merchandise, such as gift cards and iPads. The
FTC Sues Corporate Officers For Alleged Robocall and Text Message Marketing Scheme Read More »
What is Canada’s Anti-Spam Legislation (“CASL”)? CASL was passed into law on December 15, 2010, over vigorous objection by various business interests, and became effective on July 1, 2014. CASL can best be understood as a draconian, Canadian hybrid of the U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”) and the
New Canada Anti-Spam Legislation (CASL): A Litigation Perspective Read More »
Despite the fact that Canada’s Anti-Spam Law (“CASL”) was enacted almost three (3) years ago, its implementing regulations just went into effect on July 1, 2014. CASL Generally In comparison to the CAN-SPAM Act, CASL is a much more restrictive law, encompassing a wider variety of communications. While the CAN-SPAM Act only targets communications sent via
CASL Consent Requirements Read More »
On July 1, 2014, the Federal Trade Commission (“FTC”) commenced an action against T-Mobile USA, Inc. (“T-Mobile”) for unlawfully “cramming” third-party content provider charges on consumer telephone bills. In a press release issued by the FTC on Tuesday, the FTC noted that the filing of this lawsuit is consistent with its ongoing “significant efforts to
Content Providers Beware: Federal Trade Commission Sues T-Mobile for “Cramming” Read More »
On June 30, 2014, the Federal Trade Commission (“FTC”) issued a press release announcing that it had entered into a settlement with cosmetic manufacturer L’Oreal USA (“L’Oreal”). Following an investigation and prior to entering into the settlement, the FTC was prepared to file a complaint alleging that L’Oreal had deceptively advertised that certain of its
L’Oreal Settles Deceptive Advertising Suit with the Federal Trade Commission Read More »
As we previously have reported, all providers of telecommunications services (regardless of whether they are domestic or international carriers) that provide international outbound services to the general public from the United States to any foreign destination must obtain an International Section 214 license from the Federal Communications Commission (“FCC”) before offering or providing such services. Whether
Resellers: Hidden Benefit Associated with FCC International Section 214 Licenses Read More »