Rules of the Game: Marketing Through Sweepstakes David O. Klein, Corporate Counsel January 30, 2015 Sweepstakes and promotional contests are excellent ways for businesses to market their respective products and services, particularly when used in combination with Internet and mobile media. Numerous state and federal laws apply to such games—and businesses must understand these laws, […]
Rules of the Game: Marketing Through Sweepstakes Read More »
November 4, 2014 In June, 2014, the Hershey Company (“Hershey”) brought a trademark infringement action against Colorado-based TinctureBelle, LLC. Hershey alleged that TinctureBelle infringed on numerous registered trademarks in the naming, packaging and marketing of its chocolate and confectionery products containing marijuana. TinctureBelle appeared in the action, but never filed an answer. Instead, after months
Edible Marijuana Maker Settles Trademark Dispute with Hershey Read More »
October 30, 2014 Over the last several years, online dating sites have surged in popularity, with many servicing a staggeringly large numbers of users. In order to separate from the crowd in this competitive marketplace, some players may have gone too far with aggressive marketing and billing practices. According to the Federal Trade Commission (“FTC”),
FTC Settles Lawsuit with Popular Online Dating Service Read More »
October 21, 2014 On September 3, 2014, the United States District Court for the District of Connecticut held that Lavatec Laundry Technology GmbH owns the exclusive rights in and to the trademark “LAVATEC” in the United States. The holding followed a week-long trial and over four years of litigation. The Facts of the Trademark Infringement
Klein Moynihan Turco Scores Major Trademark Infringement Win Read More »
In an earlier blog post, we addressed some of the legal issues facing social media stars, such as paid endorsement disclosures and trademark infringement. In addition to legal issues, there are also assorted practical business decisions that social media personalities must address in order to be successful. One of the most basic skills that every
Keys to Becoming a Successful Social Media Star Read More »
#136888792 / gettyimages.com Over the past few years, a new type of celebrity has emerged: the social media star. These are individuals that have achieved a level of fame through various digital media outlets (i.e. YouTube, Instagram, Vine, Facebook, Twitter, personal blogs, etc.). Social media stardom is a relatively new phenomenon that is quickly starting
Legal and Business Concerns of the Newly Minted Social Media Star Read More »
Earlier this month, Duke University and the estate of actor John Wayne (incorporated as John Wayne Enterprises, LLC (“JWE”)) became embroiled in a lawsuit concerning the use of the word “Duke,” John Wayne’s nickname, in connection with the marketing and sale of whiskey. According to the documents filed in the Middle District Federal Court of
Duke University and John Wayne Duke It Out over Trademark Rights Read More »
As we have detailed in many posts and legal articles, the Telephone Consumer Protection Act (“TCPA”) provides for, among other things, statutory damages to individuals who receive unsolicited text messages to personal cell phones – unless the messages are sent for emergency purposes or the recipient has given his or her express consent to receive
Steve Madden Settles TCPA Violations for $10 Million Read More »
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