The case captioned Purdue University v. Vintage Brand, LLC is an example of one of the most recent battles in the trademark war between institutions of higher learning and online retailers. In the case at issue, Purdue University alleged that Vintage Brand violated trademark law by selling and manufacturing certain goods (e.g., T-shirts) containing Purdue […]
Trademark Infringement: Universities v. Online Retailers Read More »
In the early ‘90s, Congress passed the Telephone Consumer Protection Act (“TCPA”) to restrict certain telemarketing activities. The TCPA’s essential purpose is to protect consumers from uninvited telemarketing. Over the last 30 years, what constitutes TCPA law has become a patchwork of statutes, regulations, and judicial decisions, largely the result of regulators and courts trying
TCPA Law: Why You Need a Telemarketing Attorney More Than Ever Read More »
Fax marketing offers a valuable channel of advertising for telemarketers. While fax machines are not as ubiquitous as they once were, telemarketers can still take advantage of the benefits of marketing via traditional fax machines. However, the Telephone Consumer Protection Act (“TCPA”) restricts fax marketing and can lead to penalties of $500-1500 per violation. With
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As defined by the Screen Actors Guild (SAG-AFTRA), social media influencers are “popular content creators who have amassed a social media following that they capitalize on by making deals with advertisers to promote brands through the Influencer’s creative content, which they distribute through their social media feeds.” Like businesses, influencers (even though they may be
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While traditional fax machines are less and less common today, litigation over fax marketing remains as rampant as ever. The Telephone Consumer Protection Act (“TCPA”) governs fax marketing and tasks the Federal Communications Commission (“FCC”) with creating rules for telemarketers to follow. One such rule required telemarketers to include detailed opt-out instructions on every fax,
Appeals Court Affirms FCC’s Rule Repeal in Fax Marketing Decision Read More »
The Federal Trade Commission (“FTC”) filed a complaint alleging that Lifewatch, Inc., violated various telemarketing laws by sending consumers misleading robocalls. The FTC claimed that consumers, especially older Americans, were “tricked into paying for supposedly free in-home medical alert devices.” Pursuant to the Lifewatch FTC telemarketing law settlement, the Lifewatch defendants were banned from engaging
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Social media influencers (“Influencers”) are people whose online popularity and relevance grant them influence over others within their social sphere. Such influence makes them highly attractive to advertisers. Typically, influencers create and post content (ex., photos, videos, and live streams) on social media platforms (ex., YouTube, Instagram, TikTok, and Twitch). Influencers earn income through ad dollars
Legal Concerns for Social Media Influencers: Intellectual Property Read More »
In the endless search for new and creative ways to promote products, many advertisers are enlisting the service of social media influencers (“Influencers”) – people whose online popularity and relevance grant them influence over others within their social sphere. Many influencers will make product endorsements on behalf of advertisers through social media platforms (such as Facebook,
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