Trademark & Copyright Law

FTC Settles Lawsuit with Popular Online Dating Service

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”), […]

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Klein Moynihan Turco Scores Major Trademark Infringement Win

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

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Keys to Becoming a Successful Social Media Star

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

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Legal and Business Concerns of the Newly Minted Social Media Star

#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

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Duke University and John Wayne Duke It Out over Trademark Rights

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

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Steve Madden Settles TCPA Violations for $10 Million

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

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FCC Issues New TCPA Ruling on Telemarketing Liability

TCPA Declaratory Ruling In a Declaratory Ruling issued on May 9, 2013, the Federal Communications Commission (“FCC”) sought to clarify the extent to which the advertisers of commercial products and services (referred to as “sellers”) can be held liable for violations of the Telephone Consumer Protection Act (“TCPA”) by the third-party telemarketers that place telemarketing

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How Can Online Dating Websites Protect Themselves From Their Members?

Online dating websites can have staggeringly large numbers of users posting content daily.  Without the proper safeguards in place, online dating websites could be held responsible for the actions of its users.  To protect themselves from facing regulatory actions and unwanted lawsuits, online dating websites should adopt and enforce detailed terms of use and associated policies

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