Researching TCPA, CCPA, Internet marketing, email marketing, promotional sweepstakes, gaming, or fantasy sports law? Check out the Klein Moynihan Turco Law Journal.
December 18, 2015 This Tuesday, a California federal court in Los Angeles refused to dismiss DC Comics Inc.’s (“DC”) trademark lawsuit against Mad Engine, Inc. (“Mad Engine”) in connection with the business’ humorous take on DC’s iconic Superman shield logo. Can a business use someone else’s design or logo in jest?
Superman v. Superdad: Trademark Lawsuit to Continue Read More »
December 17, 2015 Yesterday morning, the Ninth Circuit Court of Appeals denied a request for a full rehearing of an earlier ruling in the Ed O’Bannon anti-trust lawsuit against the National Collegiate Athletic Association (“NCAA”). This decision could set the stage for either O’Bannon or the NCAA, which had opposed the rehearing, to petition the
Appeals Court Declines Request to Rehear O’Bannon Anti-Trust Case Read More »
December 16, 2015 On December 14, 2015, the United States District Court for the Southern District of California denied a motion for summary judgment filed by Yahoo! Inc. (“Yahoo”) which claimed that human intervention removed one of its text messaging platforms from the definition of “autodialer” within the meaning of the Telephone Consumer Protection Act
Does Yahoo Use an Autodialer in Violation of the TCPA? Read More »
December 9, 2015 T-Mobile US, Inc. (“T-Mobile”) currently finds itself in hot water as New York Attorney General Eric Schneiderman’s office opens an investigation into the company’s “Un-Carrier” advertising campaign. Amid consumer outcry over alleged misleading advertising and deceptive marketing practices, there have also been calls urging the Consumer Financial Protection Bureau to undertake an
New York Attorney General To Investigate T-Mobile For Deceptive Marketing Practices Read More »
December 7, 2015 Last Wednesday, CBS network affiliate WKRG in Mobile, Alabama reported that the Mobile County District Attorney’s Office is conducting an ongoing investigation to determine whether certain sweepstakes phone cards violate Alabama State gambling laws. Why is the Attorney General investigating these sweepstakes promotions?
Sweepstakes Phone Cards Under Investigation in Alabama Read More »
December 4, 2015 Last Tuesday, the Federal Communications Commission (the “FCC” or “Commission”) announced that it is seeking public comment on whether Internet faxes that are both sent and received digitally should be governed by the Telephone Consumer Protection Act (the “TCPA”) or the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
FCC Could Exempt Certain Internet Faxes from TCPA Regulation Read More »
By: David O. Klein and Neil E. Asnen December, 2015 Social media giant LinkedIn Corporation (‘LinkedIn’) recently agreed to settle class action allegations that it violated several federal and state laws by harvesting email addresses from the external contact lists of LinkedIn members, and by sending repeated invitations to join LinkedIn to those addresses. Under
FanDuel, DraftKings Play for Keeps in N.Y. Courtroom November 24, 2015 A one-hour Nov. 25 hearing in a New York courtroom may determine the future of the multi-billion dollar online fantasy sports industry (People v. FanDuel Inc., N.Y. Sup. Ct., No. 453056/2015, motion for preliminary injunction, 11/23/15 People v. DraftKings Inc., N.Y. Sup. Ct., No.
KMT’s David Klein Weighs in with Bloomberg on Future of Daily Fantasy Sports in New York Read More »