Jack Daniels trademark

SCOTUS to Hear Jack Daniel’s Trademark Infringement Case

Blog, Trademark & Copyright Law /

Owners of registered trademarks understand the significant, inherent value of Intellectual Property. To maintain that value, the importance of “policing” one’s mark from infringing and inappropriate third-party use cannot be overstated. The United States Patent and Trademark Office (“USPTO”) defines trademark infringement as “the unauthorized use of a trademark or service mark on or in connection with goods […]

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Trend Continues – More State TCPA Laws Introduced

Blog, Telemarketing Law /

In the wake of the United States Supreme Court’s decision in Facebook, Inc. v. Duguid, several states began enacting their own “mini” Telephone Consumer Protection Act (“TCPA”) statutes. To date, those states include Florida, Oklahoma, and Washington, with states such as Georgia, Massachusetts, and Michigan close behind.  On June 29, 2021, Florida signed CS/SB 1120

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tcpa consent

Is New York Telemarketing Dead?

Blog, Telemarketing Law /

No, New York telemarketing is not dead, but it is certainly heading down a winding and treacherous path. While this may sound unnerving, it is merely an observation based on recent statutory amendments to the law governing telemarketing sales efforts in New York State. Of particular import is new legislation that amends the State’s General Business Law, Section 399-z, the law that established the “No Telemarketing Sales Calls Statewide Registry.” Governor Kathy Hochul recently signed this legislation into law, further restricting the manner in which telemarketing sales calls

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California automatic renewal

Is California’s Automatic Renewal Law the Next Litigation Cash Cow?

Blog, Online Marketing & Advertising Law /

California’s Automatic Renewal Law (“ARL”) saw its most recent amendment take effect on July 1, 2022. As businesses that operate online in California are aware, this state is one of the most consumer-friendly when it comes to protection in the realm of e-Commerce. Over the past year, a litany of complaints has been filed by

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marketing CBD

Marketing CBD in Food and Beverages: Beware of FDA Warnings

Blog, Online Marketing & Advertising Law /

The United States Food, Drug, and Cosmetic Act (“FD&C Act”) is a set of regulations that, among other things, vests authority in the U.S. Food and Drug Administration (“FDA” or “Agency”) to oversee the safety of food, drugs, medical devices, and cosmetics. This includes food additives, such as Cannabidiol (“CBD”), a chemical in the cannabis sativa plant,

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paid endorsement marketing

Google and iHeartMedia Sued for Unlawful Paid Endorsement Marketing Practices

Blog, Online Marketing & Advertising Law /

Product and service endorsement is an effective way to generate consumer interest. As our readers know, this method of advertising must comply with applicable state and federal regulations or business owners risk costly and time-consuming regulatory action. For example, the Federal Trade Commission (“FTC” or “Commission”) and multiple state attorneys general recently brought suit against

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ringless voicemail consent

Ringless Voicemails Require TCPA Consent

Blog, Telemarketing Law /

On November 21, 2022, the Federal Communications Commission (the “FCC” or “Commission”) issued a declaratory ruling and order finding that “ringless voicemails” are subject to the Telephone Consumer Protection Act (“TCPA”) and, therefore, require prior express consent from wireless recipients. This ruling should end the long-standing debate over whether consent is required to deliver ringless

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