In the U.S. Supreme Court’s decision in Facebook v. Duguid, the Court clarified the definition of the term “autodialer” as used in the Telephone Consumer Protection Act (TCPA”). In that decision, largely a win for the telemarketing industry, the Supreme Court included a TCPA footnote (also referred to as Footnote 7) that addressed a linguistic […]
TCPA Footnote 7 Cannot Save Autodialer Claims Read More »
Forming a contract is not as straightforward as it was even 20 years ago. With the application of the Telephone Consumer Protection Act (“TCPA”) to digital marketing, TCPA terms became a crucial component of the formation of a contract between consumers and telemarketers. The Second Circuit Court of Appeals addressed a tricky aspect of this
No Arbitration Without Clear and Enforceable TCPA Terms Read More »
The mobile space is currently inundated with mobile apps that serve myriad purposes. If you are in need of a mobile application for a certain function, it’s more than likely that there’s an app for that. Within that competitive environment, it is becoming increasingly difficult for mobile app operators to differentiate their offerings from the crowd and attract
Make Your Mobile App Sweepstakes More Appealing Read More »
Sweepstakes Guidelines Help Ensure Fair Play State and federal governmental bodies in the United States have established a comprehensive framework of laws, rules, and regulations applicable to sweepstakes promotions. These sweepstakes guidelines are designed to limit potential abuse and help ensure that sweepstakes and similar promotions are conducted as part of a fair and open
Sweepstakes Guidelines: Laws, Rules and Regulations Governing Sweepstakes Promotions Read More »
In April, the U.S. Supreme Court settled the question of what qualifies as an autodialer (also called an automatic telephone dialing system) under the Telephone Consumer Protection Act (“TCPA”) in its decision in Facebook v. Duguid. The Court ultimately held that a TCPA autodialer must use a random or sequential number generator to store phone
Another Court Relies on Facebook to Dismiss TCPA Autodialer Claims Read More »
While most people have a general idea of what trademark protection entails, there are several important aspects of trademark law that are often unknown or misunderstood. In this post, we will highlight the benefits of trademark protection and some common missteps taken during the trademark application process.
Trademark Application Mistakes You Might Be Making Read More »
Standing, or the right to bring a lawsuit, is a contentious and often complicated doctrine in the world of the Telephone Consumer Protection Act (“TCPA”). TCPA standing requires that a plaintiff allege a concrete injury beyond just a pure statutory violation. The question raised by a recent opinion from the Fifth Circuit Court of Appeals
Split Decision: 5th and 11th Circuits Diverge on TCPA Standing Read More »
The short answer to this question should be, forever. However, there are various steps one must take (such as meeting renewal deadlines and using the subject mark in commerce) to maintain trademark registration. This blog will look to educate our readers on post-registration obligations and the ongoing filing requirements that are necessary to maintain a
How Long Does Trademark Registration Last? Read More »