Our Law Journal - Klein Moynihan Turco

Creating a Viral (And Legally Compliant) “Pin to Win” Contest

Leave a Comment / Blog, Journal, Online Gambling Law, Online Marketing & Advertising Law, Sweepstakes & Gaming Law / By David Klein

We have frequently written about the marketing benefits associated with the use of promotional contests and sweepstakes. Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers participating in their respective contests. While companies must abide by the laws governing …

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How To Use Promotional Marketing The Legal Way

Leave a Comment / Blog, Online Gambling Law, Online Marketing & Advertising Law, Publications, Sweepstakes & Gaming Law / By David Klein

The use of promotional contests, games and sweepstakes marketing can be a dynamic and cost-effective way to increase sales, build a database of interested consumers and otherwise increase brand awareness and buzz. Consumers are more easily attracted to your marketing message by the opportunity to win prizes than with more mundane advertising. However, there are …

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How ShowingTime’s Privacy Policy Ties Zillow’s Hands

Blog, Data & Privacy Law, Publications / By David Klein

Written by Patrick Kearns for Inman.com February 16, 2021 In the wake of Zillow’s acquisition of ShowingTime, real estate agents who used the platform were concerned about data. The fear expressed was that data from their clients, data regarding showings, is now sitting in the hands of a company it sometimes considers a competitor. Zillow was clear that the …

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1st Circ. Ruling Is A High-Wire Act For Sports Betting Market

Blog, Online Gambling Law, Publications, Sweepstakes & Gaming Law / By David Klein

By Zachary Zagger Law360 (January 25, 2021, 9:47 PM EST) — The First Circuit’s recent ruling that the federal Wire Act’s prohibition on interstate communications for wagering applies only to sports betting affirmed a narrow view of the 60-year-old criminal law that attorneys say is a major win for the online lottery and gambling industries, even …

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TTAB Trademark Decision Finds No Confusion Between CHINOOKR’D IPA and CHINOOK Wine

Blog, Journal, Trademark & Copyright Law / By David Klein

W. Clay Mackey (“Opposer”), owner of the registered mark CHINOOK, for table wine, sparkling wine and beer, filed an opposition against Lawson’s Finest Liquids, LLC (“Applicant”) federal trademark application for CHINOOKER’D IPA, for beer. On December 7, 2020, the Trademark Trial and Appeal Board (“TTAB”) canceled the Opposer’s registration of CHINOOK for beer on the …

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SCOTUS Hears Argument to Settle TCPA ATDS Definition

Blog, Data & Privacy Law, Journal, Telemarketing Law / By David Klein

The United States Supreme Court (“SCOTUS”) held oral arguments this week on Facebook, Inc. v. Duguid. The Justices are being asked to provide the definitive answer on the TCPA’s ATDS definition. For years, what dialing equipment qualifies as an automatic telephone dialing system (“ATDS”) for purposes of the Telephone Consumer Protection Act (“TCPA”) has been …

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Consent To Call? Internet Leads and the Telephone Consumer Protection Act

Blog, Journal, Publications, Telemarketing Law / By David Klein

On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones. …

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