On September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois entered an order granting the Federal Trade Commission (“FTC’) partial summary judgment against Day Pacer LLC and associated defendants (collectively “Day Pacer”). The Court found that Day Pacer violated the Telemarketing Sales Rule (“TSR”) by: 1) placing millions of telephone calls […]
Lead Generator Found Liable for Major TSR Violations Read More »
Currently pending before the United States Supreme Court is the matter of Acheson Hotels, LLC v. Laufer. The primary issue in Laufer is whether a self-appointed Americans with Disabilities Act (“ADA”) “tester” has Article III standing to sue a hotel chain for its alleged failure to provide disability accessibility information on its website, even if
United States Supreme Court to Review Important Website ADA Lawsuit Read More »
American Dairy Queen Corporation (“Dairy Queen”) sued W.B. Mason Co. (“W.B. Mason”) over W.B. Mason’s use of the BLIZZARD mark for its bottled spring water. Dairy Queen holds registered trademarks for its BLIZZARD frozen treats, which it sells directly to consumers. Dairy Queen’s earliest BLIZZARD trademark registration was issued in 1952, and the most recent
Dairy Queen Loses Trademark Infringement Lawsuit Read More »
While trends come and go, one that does not appear to be going away anytime soon are lawsuits that allege unauthorized use of session replay technology. As readers of this blog know, session replay technology is used by businesses to “record, save, and replay a website visitors’ interactions with a website.” Using session replay technology
SESSION REPLAY TECHNOLOGY AND THE LAW Read More »
On August 7, 2023, twelve United States senators penned a letter to the Federal Communications Commission (“FCC” or the “Commission”) requesting that the Commission issue guidance on current Telephone Consumer Privacy Act (“TCPA”) consent regulations (the “Letter”). As our readers are aware, the FCC has already promulgated comprehensive telemarketing rules. However, the senators argue that
Senators Request Updated Guidance from FCC on TCPA Consent Read More »
A frequent question that comes up when starting a business is when to file for trademark protection. The answer to this question will depend on a few things, such as the type of trademark protection that you want for your brand/business and whether you are already using the trademark in commerce or have a bona fide intent to do so within the required regulatory timeframe (as discussed below). What
I Just Started My Business – When Should I File for Trademark Protection? Read More »
On August 8, 2023, the Ninth Circuit Court of Appeals issued a major win for both Telephone Consumer Protection Act (“TCPA”) defendants and the industry at large. In Trim v. Reward Zone USA LLC, the Plaintiff set forth the novel argument that the text messages she received violated the prerecorded voice restrictions contained in the TCPA. TCPA plaintiffs have demonstrated increased creativity in their TCPA cases following the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. Readers will recall that in Facebook, the Supreme
Text Messages are NOT Prerecorded Voice Messages Read More »
On July 27, 2023, Oregon Governor Tina Kotek signed HB 2052 (“the Act”) into law. The Act relates to data broker registration for entities that qualify as data broker under the Act. Data Broker Registration Overview The Act details that Oregon data brokers “may not collect, sell or license brokered personal data within this
OREGON’S NEW DATA BROKER REGISTRATION LAW Read More »