Journal

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

Ask A Trademark Lawyer How to Trademark Your Domain Name

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September 11, 2017 In a potentially groundbreaking decision (Booking.com B.V. v. Matal, et al., Index No. 16-cv-425 (the “Trademark Lawsuit”)), a U.S. District Court recently overruled the U.S. Patent and Trademark Office (“USPTO”) and ordered the USPTO to register BOOKING.COM as a trademark.  The Trademark Lawsuit reinforces the importance of consulting with an experienced trademark […]

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KMT’s David Klein Weighs in with Forbes Legal Newsline on the TCPA, Text Messages

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September 5, 2017 An Illinois federal court’s decision refusing to dismiss a lawsuit brought against a university over a series of allegedly unsolicited text messages is “unfortunate,” says one of the most recognized attorneys in the technology and telecommunications fields. David O. Klein, managing partner of New York City-based Klein Moynihan Turco LLP, said the July

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New Jersey Fantasy Sports Law Enacted

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August 28, 2017 New Jersey recently became the latest state to legalize fantasy sports when Governor Chris Christie formally signed newly-passed legislation into law.  One of the minority of states to allow casino gambling, New Jersey’s legalization achievement is a notable development given that gaming interests have long been an opponent of New Jersey fantasy

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Dietary Supplement Marketers Agree to $6.5M Settlement of FTC Lawsuit

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August 25, 2017 The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the “FTC lawsuit”) alleging violations of the FTC Act, the Telemarketing and Consumer

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Court Curtails Expansive Fax-Related TCPA Liability

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August 22, 2017 A federal court in Michigan recently rejected a plaintiff’s plea to expand the scope of Telephone Consumer Protection Act (“TCPA”) liability in a fax advertisement class action case.  This should come as welcome news to those operating in this space, particularly product manufacturers, as the court put a needed stop to recent

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FTC Hits Marketers with Negative Option Lawsuit

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August 17, 2017 Last month, the Federal Trade Commission (“FTC” or “Commission”) filed a negative option lawsuit in a Las Vegas federal district court against a tangled web of business entities and related individuals in connection with the defendants’ low-cost “trial” marketing practices. What should marketers know before offering free or low-cost trials?

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Five Guys Grilled over ADA Website Accessibility

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August 11, 2017 Last month, a federal district court in Manhattan refused to dismiss a putative class action lawsuit filed by a legally blind woman under the Americans with Disabilities Act (“ADA”) against Five Guys Enterprises LLC (“Five Guys”) concerning the fast casual restaurant chain’s website accessibility. What should you do if you’ve been sued for

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