Journal

Researching TCPA, CCPA, Internet marketing, email marketing, promotional sweepstakes, gaming, or fantasy sports law? Check out the Klein Moynihan Turco Law Journal.

Federal Court Dismisses Sweepstakes Law Class Action

Blog, Internet Law, Journal /

April 12, 2019  Last month, a federal court in New York dismissed a putative class action lawsuit brought by thirteen named plaintiffs (collectively, “Plaintiffs”) against a national sweepstakes operator (“Defendant”). In this sweepstakes lawsuit, the Plaintiffs alleged that Defendant violated the federal CAN-SPAM Act, the Deceptive Mail Prevention and Enforcement Act (“DMPEA”), and New York […]

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Important BOOKING.COM Decision – Trademark Lawyers Take Note

Journal, Trademark & Copyright Law /

April 11, 2019 In February 2019, the US Court of Appeals for the Fourth Circuit affirmed the district court’s summary judgment ruling that found that BOOKING.COM was not generic, but a descriptive mark with acquired distinctiveness.  Trademark lawyers are intrigued by the fact that, as pointed out in Judge James Wynn’s dissenting opinion, the decision

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TCPA Litigation – Revocation of Consent is Tantamount to Never Having Provided Consent

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

March 26, 2019 On November 8, 2018, Plaintiff John Geraci (“Geraci”) commenced a Telephone Consumer Protection Act (“TCPA”) lawsuit in the United States District Court of New Jersey. The named defendant in the TCPA litigation is Red Robin International (“Red Robin”), which operates the chain of Red Robin Gourmet Burgers and Brews casual dining restaurants.

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New York Sports Betting Coming This Spring

Blog, Journal, Online Gambling Law, Trademark & Copyright Law /

March 25, 2019 The New York State Gaming Commission has formally published sports betting rules and regulations to allow a limited number of upstate casinos to accept wagers on sporting events.   This follows a publication earlier in the year of proposed New York sports betting regulations, and is largely consistent with those prior proposals. What

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Facebook May Relax its Marijuana Marketing Policy

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law, Trademark & Copyright Law /

March 8, 2019  As more states legalize medical and recreational marijuana, the continued federal prohibition on marijuana sales creates uncertainty for marijuana marketing and marijuana-related product and service businesses. Just this last February, CBS rejected a medical marijuana advertisement that was set to air on its national Super Bowl broadcast. Similarly, social media platforms, such

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