Following the enactment of the California Consumer Privacy Act (“CCPA”), many states have attempted to follow in California’s footsteps by passing their own consumer data privacy laws. On April 21, 2021, the Florida State House of Representatives resoundingly passed consumer data privacy House Bill 969 (“HB 969” or “Florida Privacy Law”), by a vote of […]
Florida Privacy Law Runs Out of Time Read More »
Although the proposed merger between FanDuel and DraftKings (the two largest daily fantasy sports service providers) was called off years ago, the fantasy sports industry has only continued to thrive and evolve since then. In recent years, many states have passed laws legalizing and regulating fantasy sports contests. In addition to these statutes, federal laws and state common
Does Your Business Need a Fantasy Sports Opinion Letter? Read More »
The United States District Court for Northern District of California recently dismissed a complaint alleging violations of California’s CIPA Law in connection with common website data collection practices. The decision will be celebrated by both retailers and software service providers alike. Judicial affirmation of the principle that website operators’ data collection practices, when done properly,
CIPA Law Victory for Website Data Collection Software Provider Read More »
Promotional contests and sweepstakes are an effective and cost efficient means to generate buzz and often sales of a given product or service. Consumers are often incentivized to make a purchase by the allure of the chance to win a valuable prize. However, when designing a sweepstakes, it is important to be mindful of the
Why Your Sweepstakes Needs “No Purchase Necessary” Language Read More »
This blog post was updated on May 30th, 2022 for comprehensiveness. Promotional contests and sweepstakes are particularly effective ways of creating brand awareness and attracting new customers. Unlike static, non-interactive banner advertisements, sweepstakes promotions are a great means to entice and incentivize consumer engagement with the allure of prizes and other benefits. When using sweepstakes as a promotional
Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk Read More »
The Telephone Consumer Protection Act (“TCPA”) prohibits the sending of unsolicited commercial fax advertisements. Pursuant to the TCPA, companies cannot send advertisements via telecopier without a pre-existing business relationship or consent. The Second Circuit recently addressed the question of whether a fax to a doctor’s office inviting the doctor to a seminar sponsored by Merck
What Type of Fax is a TCPA Advertisement? Read More »
On April 9th, the WWE filed several trademarks for the slogan “Then Now Forever Together,” which was used in the signature opening before the WrestleMania event this past weekend. Readers of this blog may be familiar with other brands that use trademarks to protect symbols that set their businesses apart from the crowd. All this
How to Trademark a Phrase or Slogan: The Basics Read More »
Online marketing is a common tool that businesses use to bring attention to their respective goods and services. When initiating online marketing campaigns, businesses must be careful to both protect their intellectual property and not infringe upon the intellectual property of others. When discussing intellectual property issues that need to be considered in the online
Marketing Online? Be Mindful of Trademark and Copyright Law Read More »