Journal

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

NCAA Dunks on Sweepstakes App Provider in Trademark Lawsuit

February 14, 2018 The National Collegiate Athletic Association (the “NCAA”) recently boxed out sweepstakes app provider Kizzang LLC (“Kizzang”) and its principal in a trademark lawsuit filed in connection with the planned name of Kizzang’s 2017 college basketball-themed promotional contest. Why should operators in the contest and sweepstakes space think twice before launching a new […]

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The Rise of Marijuana Advertising Regulations

February 7, 2018 This Monday, the newly-minted Massachusetts Cannabis Control Commission (the “Commission”) kicked off six days of public hearings across the Commonwealth in anticipation of the rollout of new marijuana advertising restrictions that will become effective this spring. What are some of the key provisions contained in the draft regulations?

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String of Lawsuits Challenges FDA E-Cigarette Marketing Regulations

February 5, 2018 Last week, a number of vape shops represented by the Pacific Legal Foundation (“PLF”) filed federal lawsuits around the country challenging e-cigarette marketing restrictions contained in the Food and Drug Administration’s (“FDA”) 2016 “Deeming Rule.” How can e-cigarette manufacturers, vape shops and related marketing affiliates avoid problems with regulators?

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Have You Been Sued by Camp Drug Store for Alleged Fax TCPA Violations?

January 29, 2018 Last week, a federal district court in Illinois refused to dismiss a putative class action lawsuit filed against Red Parrot Distribution, Inc. (“Red Parrot”) amidst allegations that the pharmacy supplier’s fax advertisements violated the Telephone Consumer Protection Act (“TCPA”). The subject fax TCPA lawsuit was filed by Camp Drug Store, Inc. (“Camp Drug Store”) –

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Massachusetts to Tax Fantasy Sports?

January 26, 2018 New omnibus gaming legislation has been introduced to the Massachusetts State Senate which, if enacted, will significantly affect fantasy sports operators conducting business in the Commonwealth.  Introduced with an eye towards preparing for potential legalized sports gambling in the event that New Jersey prevails in its fight against the Professional and Amateur

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Website Accessibility and the ADA? The DOJ Won’t Weigh In.

January 25, 2018 Over the last two years, there has been an explosion of lawsuits brought under the Americans with Disabilities Act (“ADA”) concerning issues involving website accessibility. These lawsuits have often involved the vision and hearing impaired and concern whether certain websites impermissibly lack assistive technologies for those types of disabilities. The Internet community

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