Blog - Page 9 of 202 - Klein Moynihan Turco

Keep it Rollin’: Court Grants Joint Petition Submitted by Cannabis Marketing Company

Blog, Online Marketing & Advertising Law / David Klein

Last week, the New York State Supreme Court for the County of Albany approved a Petition submitted by LeaflyHoldings, Inc. and co-petitioners (“Leafly”), staying cannabis marketing regulations that were recently enacted by the Office of Cannabis Management (the “OCM”). As our readers are aware, the Marihuana Regulation & Taxation Act (“MRTA”) was enacted in 2021, legalizing adult-use cannabis in New York State. The OCM was established under the MRTA […]

Keep it Rollin’: Court Grants Joint Petition Submitted by Cannabis Marketing Company Read More »

Crackdown on New York Telemarketing Continues

Blog, Telemarketing Law / David Klein

Based on recent statutory amendments to New York State’s telemarketing laws, the State is further restricting telemarketing activities in its jurisdiction. Back in March 2022, legislation was signed into law by Governor Kathy Hochul that amended the State’s General Business Law, Section 399-z, the law that established The “No Telemarketing Sales Calls Statewide Registry.” As readers of our blog know, marketing companies’ practices must

Crackdown on New York Telemarketing Continues Read More »

Lead Generator Found Liable for Major TSR Violations

Blog, Telemarketing Law / David Klein

On September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois entered an order granting the Federal Trade Commission (“FTC’) partial summary judgment against Day Pacer LLC and associated defendants (collectively “Day Pacer”). The Court found that Day Pacer violated the Telemarketing Sales Rule (“TSR”) by: 1) placing millions of telephone calls

Lead Generator Found Liable for Major TSR Violations Read More »

United States Supreme Court to Review Important Website ADA Lawsuit

Blog, Internet Law / David Klein

Currently pending before the United States Supreme Court is the matter of Acheson Hotels, LLC v. Laufer. The primary issue in Laufer is whether a self-appointed Americans with Disabilities Act (“ADA”) “tester” has Article III standing to sue a hotel chain for its alleged failure to provide disability accessibility information on its website, even if

United States Supreme Court to Review Important Website ADA Lawsuit Read More »

Dairy Queen Loses Trademark Infringement Lawsuit

Blog, Trademark & Copyright Law / David Klein

American Dairy Queen Corporation (“Dairy Queen”) sued W.B. Mason Co. (“W.B. Mason”) over W.B. Mason’s use of the BLIZZARD mark for its bottled spring water. Dairy Queen holds registered trademarks for its BLIZZARD frozen treats, which it sells directly to consumers. Dairy Queen’s earliest BLIZZARD trademark registration was issued in 1952, and the most recent

Dairy Queen Loses Trademark Infringement Lawsuit Read More »

SESSION REPLAY TECHNOLOGY AND THE LAW

Blog, Data & Privacy Law, Internet Law / David Klein

While trends come and go, one that does not appear to be going away anytime soon are lawsuits that allege unauthorized use of session replay technology. As readers of this blog know, session replay technology is used by businesses to “record, save, and replay a website visitors’ interactions with a website.” Using session replay technology

SESSION REPLAY TECHNOLOGY AND THE LAW Read More »

Senators Request Updated Guidance from FCC on TCPA Consent

Blog, Telemarketing Law / David Klein

On August 7, 2023, twelve United States senators penned a letter to the Federal Communications Commission (“FCC” or the “Commission”) requesting that the Commission issue guidance on current Telephone Consumer Privacy Act (“TCPA”) consent regulations (the “Letter”). As our readers are aware, the FCC has already promulgated comprehensive telemarketing rules. However, the senators argue that

Senators Request Updated Guidance from FCC on TCPA Consent Read More »

I Just Started My Business – When Should I File for Trademark Protection?

Blog, Trademark & Copyright Law / David Klein

A frequent question that comes up when starting a business is when to file for trademark protection. The answer to this question will depend on a few things, such as the type of trademark protection that you want for your brand/business and whether you are already using the trademark in commerce or have a bona fide intent to do so within the required regulatory timeframe (as discussed below). What

I Just Started My Business – When Should I File for Trademark Protection? Read More »