Journal

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

Facebook sweepstakes

Marketing Through Sweepstakes Promotions: A Facebook Perspective

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Promotional contests and sweepstakes are a terrific marketing tool for businesses.  Social media has provided companies with a free and effective way to increase the number of consumers participating in their promotional contests and sweepstakes.  This article discusses the importance of understanding the rules governing such contests, with a specific focus on Facebook’s Terms applicable […]

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Twitter Joins Battle Over Definition of “Autodialer” Under TCPA

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November 10, 2014 On Tuesday November 4, 2014, social media giant Twitter, Inc. (“Twitter”) fully submitted a motion to dismiss a Telephone Consumer Protect Act (“TCPA”) class action lawsuit pending against it in the United States District Court for the Northern District of California.  Among other issues addressed in Nunes v. Twitter, Inc., Twitter has

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Edible Marijuana Maker Settles Trademark Dispute with Hershey

Leave a Comment / Journal, Trademark & Copyright Law /

November 4, 2014 In June, 2014, the Hershey Company (“Hershey”) brought a trademark infringement action against Colorado-based TinctureBelle, LLC.  Hershey alleged that TinctureBelle infringed on numerous registered trademarks in the naming, packaging and marketing of its chocolate and confectionery products containing marijuana.  TinctureBelle appeared in the action, but never filed an answer.  Instead, after months

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FTC Files Lawsuit against Gerber for Deceptive Advertising

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November 3, 2014 On October 29, 2014, the Federal Trade Commission (“FTC”) filed a complaint in the United States District Court of New Jersey against Gerber Products Co. (“Gerber”), the popular baby food manufacturer.  The complaint alleges that since 2011, Gerber has been deceptively advertising its Good Start Gentle formula by alleging that use of

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California Court Issues Big Rulings for Email Marketers

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October 31, 2014 On October 29, 2014, the California Court of Appeal for the Second Appellate District released its long-anticipated decision in Rosolowski v. Guthy-Renker LLC, in which it clarified California’s anti-spam law, codified in California Business & Professions Code Section 17529.5.  Simultaneously, it issued an almost identical unpublished decision in an action involving the

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The Increasing Popularity of Fantasy Sports in the US

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October 30, 2014 The Rise of Fantasy Sports Fantasy sports enjoys considerable popularity in the US, and the activity is fortunate to be protected under existing US gambling law; the Unlawful Internet Gambling Enforcement Act (‘UIGEA’) for instance contains a carve out for fantasy sport games meeting certain criteria. Developments in fantasy sports have been

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