On April 16, 2020, the Supreme Court of the State of Illinois (the “Supreme Court”) rejected a claim that online fantasy sports constitute illegal gambling under the State’s criminal code. In Dew-Becker v. Wu, the plaintiff initiated suit seeking to recover the $100 he had lost to defendant in a fantasy basketball league on FanDuel. […]
Important Illinois Fantasy Sports Law Decision Read More »
The United States Court of Appeals for the Second Circuit recently issued a decision with far reaching Telephone Consumer Protection Act (“TCPA”) implications. Specifically, the Second Circuit’s decision interpreting what constitutes an automatic telephone dialing system (“ATDS”) for TCPA law purposes bucks a recent trend that had narrowed the scope of equipment that courts deem
Second Circuit Decision Deepens TCPA Law Split Read More »
Businesses often come into conflict with other businesses that use identical or similar brands to sell related goods and/or services. This can lead to the refusal of a trademark application by the United States Patent and Trademark Office (“USPTO”) on the basis of a likelihood of confusion, or lengthy litigation with attendant expensive legal fees
Want to Coexist with Another Brand? Ask a TM Lawyer How to Do So Read More »
The outbreak of the novel Coronavirus (“COVID-19”) has led to the shuttering of businesses throughout the world. While many of these businesses will be able to open when it is deemed safe by authorities for them to do so, others will be forced to close down forever. For struggling businesses that have registered and/or common
Wondering if Your Trademark has Been Abandoned? Ask a Trademark Lawyer Read More »
Previously, we blogged about federal and state e-signature and notarization laws that apply in this time of working remotely from home. On March 31, 2020, the New York Department of State revised Executive Order 202.7 to clarify the responsibilities of New York State licensed notaries public. What are the revisions to the Executive Order?
Governor Cuomo Revises E-Signature Executive Order Read More »
VIP Products LLC (“VIP”) designs, markets and sells “Silly Squeakers” dog toys that are often made to humorously resemble well-known beverage containers. In 2013, VIP fashioned the Bad Spaniels Silly Squeaker (“Bad Spaniels”) dog toy to resemble a Jack Daniel’s whiskey bottle and altered the label by: 1) replacing “Jack Daniel’s” with “Bad Spaniels;” 2)
Jack Daniels Chewed Up by Trademark Law Read More »
The United States Court of Appeals for the Third Circuit recently issued a ruling on the issue of whether faxes sent on behalf of Cephalon, Inc. (“Cephalon”) were transmitted in violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA fax decision focuses on: 1) whether the faxes were unsolicited; and 2) even if they
Appeals Court Clarifies TCPA Fax Law Read More »
The novel coronavirus (“COVID-19”) pandemic has required businesses to adapt to unforeseen disruptions. However, one thing that has remained constant is the California Consumer Privacy Act (“CCPA”) enforcement date of July 1, 2020. Earlier this month, a coalition of approximately 60 businesses sent a letter to California Attorney General Xavier Becerra asking that the CCPA
CCPA Enforcement Date Remains July 1, 2020 Read More »